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Home My WebLink About10-22-18 Regular Meeting of the La Porte City Council Ʃķ 9ƒƦƌƚǤĻĻƭ ƚŅ ƷŷĻ Ќ vǒğƩƷĻƩ ЋЉЊБ \[ğ tƚƩƷĻ t5 hŅŅźĭĻƩƭ Wƚƭŷǒğ źƌƌŷƚźƷĻͲ .ğƩƩĻƓĭĻ wƚķŭĻƩƭͲ {ĻƩŭźƚ ƚƩƩĻ th On Thursday September 13 La Porte Dispatch received a call for service regarding capsized boat in Galveston Bay near Hazel Street and two people were in the water. La Porte Police, Fire, and EMS units were dispatched. Officers, Willhoite, Rodgers, and Torre were the first units to locate the boat, which was actually closer to South R Street. Upon arrival, the officers discovered the capsized and adrift vessel and two individuals up against the rocky bank. One male was attempting to get a female, later determined to be his mother, out of the water. The female was unconscious, unresponsive, and her skin had developed a purplish skin tone. The officers assisted the male with extricating the female from the water onto the steep embankment and immediately began CPR. The officers continued administrating lifesaving actions until the arrival of Fire and EMS units. At that point they shifted their focus to moving the patient to a better location, using a ladder to carry her up an incline to the EMS stretcher. Lifesaving efforts continued throughout this process. Officers Willhoite, Rodgers, and Torre demonstrated the highest standard for La Porte first responders. Their commitment to protecting lives in the La Porte community is commendable and truly appreciated. Please join me in congratulating these officers as our Employees of the Quarter. LOUIS RIGBY BILL BENTLEY Mayor Councilmember District 3 JOHN ZEMANEK KRISTIN MARTIN Councilmember At Large A Councilmember District 4 VACANT JAY MARTIN Councilmember At Large B Councilmember District 5 DANNY EARP NANCY OJEDA Councilmember District 1 Councilmember District 6 CHUCK ENGELKEN Mayor Pro-Tem Councilmember District 2 MINUTES OF THE REGULARMEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE OCTOBER 8, 2018 The City Council of the City of La Porte met in a regular meeting on Monday, October 8, 2018, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER – Mayor Rigby called the meeting to order at 6:00 p.m. All members of Council were present: Councilmembers Ojeda, Zemanek, J. Martin, K. Martin, Bentley, Engelken, and Earp. Staff present: City Secretary Patrice Fogarty, City Manager Corby Alexander, Assistant City Manager Jason Weeks, and Assistant City Attorney Clark Askins. 2. INVOCATION –The invocation was given by Michael Thannisch, St. Paul’s Anglican Church. 3. PLEDGE OF ALLEGIANCE – The City of La Porte Fire Department honor Guard presented the Colors; the pledge of allegiance was led by Councilmember Kristin Martin; and Firefighter Destinee Rayburn sang the National Anthem. 4. PRESENTATIONS, PROCLAMATIONS, and RECOGNITIONS (a) Proclamation – Fire Prevention Week – Mayor Rigby Mayor Rigby presented a proclamation for Fire Prevention Week to members of the La Porte Fire Department, Fire Marshal Clif Meekins, and Assistant Fire Chief Donald Ladd. (b) Proclamation – Domestic Violence Awareness Week – Mayor Rigby Mayor Rigby presented a Domestic Violence Awareness Week proclamation to members of the La Porte Police Department Chief Ron Parker; Dispatch Supervisor Shaye Lister, and Lieutenant Tammy McBeath. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Head Commissioner of La Porte Baseball Association Kevin Manning, 210 S. Nugent, addressed Council requesting Council to get involved in negotiating a discounted price for the teams to play on the high school field. Shawn Metcalf, 11127 Sunset Ridge St., addressed Council requesting Council to be supportive of funding for the La Porte TIFI football teams to play on the high school field. Jason Smith, 10312 Apple Tree Circle South, addressed Council and agreed with everything that was said by Mr. Manning and Mr. Metcalf. Page 1 of 6 October 8, 2018 Council Meeting Minutes Thomas Schultea, 1402 Bayou Glen, addressed Council in support of the La Porte TIFIfootball teams and requested Council to support the teams playing on the high school field. Lisa, Schultea, 1402 Bayou Glen, addressed Council in support of funding for La Porte TIFI football teams to play on high school fields and a new recreation center. Tamera Driver, 8942 Defiance, addressed Council in support of funding for the La Porte TIFI football teams and requested Council to support the teams playing on the high school field and thanked Council for considering a new recreation center. Christi Reynolds, 5222 Valleybrook Ct., addressed Council in support of funding for the La Porte TIFI football teams to play on the high school field and commented she looks forward to a new recreation center. Jeff Yates, 606 Bay Colony Dr., addressed Council requesting the La Porte TIFI football teams to play on the high school field. Ronda Weaver, 615 Primrose, addressed Council in agreement with everyone. Kevin Reynolds, 5222 Valleybrook Ct., addressed Council in support of the La Porte TIFI football teams playing on the high school field. th Dolly Rosario, 822 6 St., addressed Council in support of the La Porte TIFI football teams playing on the high school field. Amy Lott, 11011 Birch Dr., addressed Council in support of the La Porte TIFI football teams playing on the high school field. Wyatt Smith, 10905 Spruce Dr. North, addressed Council and requested funding of $2,900.00 for the La Porte TIFI football teams to play on the high school field and thanked late Councilmember Dottie Kaminski for being supportive of the organization. President of La Porte Baseball Association Nicholas McCanless, 3807 Redbud Dr., addressed Council and thanked everyone for being supportive and honoring the late Councilmember Dottie Kaminski at her funeral services last Friday; commented the La Porte TIFI football teams should be allowed to play on the high school field, and it should be continued for years in honor of Dottie. President of La Porte Cowboys and Cowgirls Dallas Lott, 11011 Birch Dr., addressed Council in support of the La Porte TIFI football teams playing on the high school field and requested it be done in honor of the late Councilmember Dottie Kaminski. Matt Shipwash, 11727 N. Ave D. St., addressed Council in support of the final game of the season for the TIFI organization to be played on the high school field and is in support of a new recreation center. Ray Rodriguez Jr., 3331 Luella Blvd., addressed Council in support of the La Porte TIFI football teams being allowed to play on the high school field and spoke of his years as a kid and playing football. Phillip Hoot, 927 Seabreeze, addressed Council in support of a new recreation and fitness center. Susan Williams, 215 Oakhurst, thanked the La Porte Police Department and commented the current fitness center should be improved and not rebuilt, and funds should be allocated where they are necessary. Page 2 of 6 October 8, 2018 Council Meeting Minutes Steve Gillett, 2601 S. Broadway, addressed Council and commented there is no reason to reduce merit raises; the fitness center should be repaired or expanded, and to consider the requested funding to the La Porte TIFI football organization. Brian Mongiello, 920 S. Utah, addressed Council and commented it will be thrilling for the La Porte TIFI football teams to play on the high school field and requested they be allowed to play on a yearly basis. 6. CONSENT AGENDA (All consent agenda items are considered routine by City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember requests an item be removed and considered separately.) (a) Consider approval or other action regarding minutes of the Regular City Council Meeting held on September 24, 2018 and amended minutes of the Special City Council meeting held on September 6, 2018 – P. Fogarty (b) Consider approval or other action regarding an Ordinance ordering a Special Election of the City of La Porte, Texas, for December 8, 2018, for the purpose of electing a city official to the position of Councilperson-at-large-Position B for the remainder of the unexpired term, which expires May 2, 2020 – P. Fogarty (c) Consider approval or other action regarding an Ordinance amending Chapter 50, Appendix A, “Fees” of the Code of Ordinances of the City of La Porte, by adjusting various golf course user fees for the La Porte Golf Course – A. Osmond (d) Consider approval or other action authorizing City staff to execute a Pipeline Permit issued to ExxonMobil Pipeline Company, for replacing approximately 750 feet of an existing 16- inch crude oil pipeline within the City of La Porte – L. Wingate (e) Consider approval or other action authorizing the purchase of Fiscal Year 2018-2019 Vehicle Replacements under Texas Buy Board Contract No. 512-16 and HGAC contracts numbers VE-11-15 and GR01-18 – D. Pennell (f) Consider approval or other action awarding Bid #18022 for Pool Renovation – R. Epting (g) Consider approval or other action regarding an Interlocal Agreement between the City of La Porte and Harris County Flood Control District for maintenance of pedestrian bridge of the La Porte Hike and Bike Trail System – R. Epting Regarding Item A, it was noted a change to the September 6, 2018, minutes where Councilmember Earp was counted in the vote twice, and Councilmember Bentley was overlooked. City Secretary Fogarty stated it will be fixed. Councilmembers Ojeda and Zemanek had questions on Consent Item D. City Engineer Lorenzo Wingate answered the questions. Councilmember J. Martin pulled Item C for a separate vote. Councilmember Zemanek made a motion to approve Consent Agenda items A, B, D, E, F and G pursuant to staff recommendations. Councilmember Ojeda seconded the motion. MOTION PASSED UNANIMOUSLY 8/0. Page 3 of 6 October 8, 2018 Council Meeting Minutes Councilmember Engelken made a motion to approve Consent Agenda Item C pursuant to staff recommendation. Councilmember Zemanek seconded. MOTION PASSED 6/2. Ayes: Mayor Rigby, Councilmembers K. Martin, Bentley, Zemanek, Earp, and Engelken Nays: Councilmembers Ojeda and J. Martin Absent: None Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3725 AN ORDINANCE ORDERING A SPECIAL ELECTION OF THE CITY OF LA PORTE TO FILL THE UNEXPIRED TERM OF COUNCILPERSON-AT-LARGE-POSITION B; DESIGNATING ELECTION PRECINCTS AND POLLING PLACES; PROVIDING FOR THE USE OF VOTING MACHINES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR FILING DEADLINE FOR CANDIDATES, PROVIDING FOR METHOD AND DATES OF EARLY VOTING; PROVIDING FOR AN EARLY VOTING BALLOT BOARD; PROVIDING FOR RETURN AND CANVASS OF VOTES OF SAID ELECTION; PROVIDING FOR NOTICE; PROVIDING FOR A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Prior to council action, Assistant City Attorney Clark Askins read the caption of Ordinance 2018-3726 AN ORDINANCE AMENDING CHAPTER 50 “PARKS AND RECREATION” APPENDIX-A “FEES” OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY ADJUSTING VARIOUS GREEN USER FEES; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABLITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. 7. DISCUSSION AND POSSIBLE ACTION (a) Discussion and possible action to provide direction to the City Manager regarding implementation of the 2018-2019 Fiscal Year employee merit pay increases – Mayor Rigby Mayor Rigby spoke in regards to 2018-2019 Fiscal Year employee merit pay increases. Councilmember Earp commented it was not his recommendation to reduce the amount budgeted for merit pay increases, it was actually City Manager Corby Alexander’s recommendation. Councilmember Earp commented he challenged the City Manager to look at and make budget cuts, and he only asked for an understanding and justification on the budgeted and percentage amounts presented by Staff for merit increases. Councilmember Engelken asked Assistant City Attorney Clark Askins if the City can have an EEOC claim filed for budgeting for merit raises for employees for half of the year and not have funding for merit increases for the other half of the year for employees. Mr. Askins responded he does not think there is a risk if there is justification. In addition, Councilmember Engelken also commented he is in favor of all merit increases moving to one time a year instead of being staggered throughout the year. Councilmember Ojeda made a motion to return $186,000.00 back to the merit program. Councilmember K. Martin seconded. MOTION PASSED 8/0. Ayes: Mayor Rigby, Councilmembers Ojeda, J. Martin, K. Martin, Bentley, Zemanek, Earp, and Engelken Nays: None Absent: None (b) Discussion and possible action regarding a new recreation and fitness facility – Mayor Rigby Mayor Rigby spoke in regards to a new recreation and fitness facility. Councilmember Zemanek commented he wants a new facility and to revamp the Senior Center in order to keep people in the City and to showcase the water on the bay. Page 4 of 6 October 8, 2018 Council Meeting Minutes Councilmember K. Martin commented there is no direction for a plan of a new recreation and fitness facility to be voted on by Council. Councilmember Ojeda commented she voted to earmark funding toward a new recreation and fitness facility, and she wants to go back to the discussion phase for the facility. Councilmember Bentley commented Council saw pictures of what need to be repaired at the existing facility and agrees with Councilmembers Ojeda and K. Martin to go back to the discussion phase and see what needs to be done and which direction does Council wants to go. Councilmember J. Martin commented he is not opposed to a new facility but he does not have a consensus from his district and Council needs to determine the best use for the land at Klein Retreat. In addition, Councilmember J. Martin commented the item can be discussed at the April Retreat. Councilmember Earp commented he would like to see a comparison on a new versus renovated fitness center. Mayor Rigby reminded Council that not long ago Galveston Bay Foundation made an offer of more than twice what the City paid for the Klein Retreat property, and Council agreed that was not a good thing to do for two reasons, they would not be paying the same taxes, and the property was worth more. Councilmember Earp commented the land should be used for the citizens and not to sell or give away the last waterfront property. Councilmember Earp made a motion to engage a subcommittee of two Councilmembers and Staff and bring back costs for facility on the water and renovations of the existing fitness center facility. Councilmember Ojeda seconded. MOTION PASSED 8/0. 8. REPORTS (a) Receive report of the Drainage and Flooding Committee Meeting – Councilmember Jay Martin Councilmember Jay Martin provided an update of the Drainage and Flooding Committee Meeting held prior to the City Council Meeting. 9. ADMINISTRATIVE REPORTS City Manager Corby Alexander advised Council that Christmas cards are at their seats for them to add words of encouragement and sign, and they will be mailed to soldiers overseas. Mr. Alexander also announced that Ron Parker has been chosen as the new Police Chief. 10. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies – Councilmembers Engelken, Earp, Ojeda, J. Martin, K. Martin, Zemanek, Bentley and Mayor Rigby. Councilmember K. Martin commented in regards to the La Porte TIFI football teams’ request for funding to play at the high school field and advised La Porte Independent School District needs to step up and contribute as well; complimented Firefighter Destinee Rayburn who sang the National Anthem; and commented the late Councilmember Dottie Kaminski was amazing and will be greatly missed; Councilmember Zemanek congratulated Police Chief Ron Parker; thanked the City and community for the touching services for the late Councilmember Dottie Kaminski; Councilmember Bentley congratulated Police Chief Ron Parker; commented on the impact the late Councilmember Dottie Kaminski had on the community and her willingness to help people; and wished the City can support the La Porte TIFI football teams; Councilmember Engelken commented the Honor Guard did an outstanding job at the services for the late Councilmember Dottie Kaminski and commented she loved and worked for the City; congratulated Police Chief Ron Parker and commented the City Page 5 of 6 October 8, 2018 Council Meeting Minutes Manager and LPISD Superintendent should be able to get together and make something work for the La Porte TIFI football teams; Councilmember Earp congratulated Police Chief Ron Parker and thanked him and the Honor Guard for honoring the late Councilmember Dottie Kaminski; commented he would love to see and support the City making it possible for the La Porte TIFI football teams to play at the high school field in honor of Dottie; Councilmember Ojeda complimented Firefighter Destinee Rayburn who sang the National Anthem; congratulated Police Chief Ron Parker and Shaye Lister on her promotion as Victim’s Assistance Liaison; commented she agrees the land by the bay should be for the citizens and not sold; thanked Tommy and Chad Kaminski for sharing their mother and commented the school district need to do their part by allowing the La Porte Texans and Cowboys football teams (future Bulldogs) to play at the high school field; Councilmember J. Martin congratulated Police Chief Ron Parker; complimented Firefighter Destinee Rayburn who sang the National Anthem; agreed with Councilmember Engelken that the City Manager and LPISD Superintendent should be able to get together and make something work for the La Porte TIFI football teams and agreed with Councilmember Ojeda that the school district should just make it happen since its their field; saluted the City, Police, Fire and EMS for their support during the services for the late Councilmember Kaminski; commented that he agrees that Dottie loved the Lord; has a family life; helped her community; therefore she had a great life and will be missed; and Mayor Rigby congratulated Chief Ron Parker; sent condolences to the late Councilmember Dottie Kaminski’s family and thanked them for sharing her with the community; advised he attended and spoke at the Ribbon Cutting at the City of Deer Park City Hall Ribbon Cutting and let them know how impressed he is with the orange in the new carpet. 11. EXECUTIVE SESSION – The City reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.071 (2) – Consultation with Attorney: Meet with City Attorney and City Manager to discuss legal issues related to status of employee benefits of former employee. City Council recessed the regular Council meeting to convene an executive session at 8:00 p.m. regarding the item listed above. 12. RECONVENE into regular session and consider action, if any on item(s) discussed in executive session. Council reconvened the regular Council meeting at 8:40 p.m. Mayor Rigby gave direction to the City Manager on the status of handling benefits of former employees. 13. ADJOURN - There being no further business, Councilmember Engelken made a motion to adjourn the meeting at 8:40 p.m. Councilmember Zemanek seconded the motion. MOTION PASSED UNANIMOUSLY 8/0. _______________________________ Patrice Fogarty, City Secretary Passed and approved on October 22, 2018. ________________________________ Mayor Louis R. Rigby Page 6 of 6 October 8, 2018 Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested October 22, 2018 Source of Funds: N/A Requested By: Patrice Fogarty Account Number: N/A Department: City Secretary Amount Budgeted: N/A Report Resolution: X Ordinance: Amount Requested: N/A Exhibit: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Section 143.013(a) of the Texas Local Government Code provides that the department head of the police department shall Parker was appointed by City Manager Corby Alexander to the position of Chief of Police for the La Porte Police Department on October 8, 2018. Pursuant to law, Council needs to confirm his appointment. Action Required by Council: Consider approval or other action confirming the appointment of Ron Parker as the department head and chief of police of the La Porte Police Department commencing October 8, 2018. Approved for City Council Agenda Corby D. Alexander, City Manager Date RESOLUTION NO. 2018-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, CONFIRMING THE APPOINTMENT OF RON PARKER AS CHIEF AND DEPARTMENT HEAD OF THE LA PORTE POLICE DEPARTMENT, IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SEC. 143.013; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 143.013(a)(1) of the Texas Local Government Code provides that the department head of the police department shall be appointed by the municipality's chief executive officer and confirmed by the municipality's governing body; and WHEREAS, after a nationwide search and thorough assessment process, Ron Parker was identified by the City Manager as the top candidate for Chief of Police; and WHEREAS, Ron Parker was appointed by the City Manager to the position of Chief of Police for the La Porte Police Department on October 8, 2018. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the City Council confirms the appointment of Ron Parker as Chief of Police and department head of the La Porte Police Department. Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall be effective upon its passage and approval. PASSED and APPROVED this the 22nd day of October, 2018. CITY OF LA PORTE, TEXAS __________________________ By: Louis R. Rigby Mayor ATTEST: APPROVED: ___________________ __________________________ Patrice Fogarty Clark T. Askins City Secretary Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA Amount Budgeted Agenda Date Requested: October 22, 2018 Source of Funds: 002-003 Requested By: Michael Dolby, Director of Finance Account Number: 00398906551100 Department: Finance 00261765154005 00261765158026 Report: X Resolution: Ordinance: 00370855334005 Amount Budgeted: $360,000 Exhibits: Sole Source Letter Amount Requested: _ $360,000_________ Exhibits: eptune water meters and parts. Components of other manufacturers are not compatible with the Neptune system. Core and Main of Houston is the only distributor in the Houston and Southeast Texas area for the Neptune meters and parts making them the sole source supplier for this area. the AMR system through the replacement of residential and commercial meters, meter interface units, registers and antennas. These parts will be purchased as needed throughout FY 2019. Action Required by Council: Consider approval or other action to purchase Neptune meters and parts from Core and Main. Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 22, 2018 Source of Funds: Motor Pool Requested By: Ray Mayo Account Number: Various 009 Department: Public Works Amount Budgeted: $ 128,695.00 Report: X Resolution: Ordinance: Amount Requested: $ 122,932.00 Exhibits: Summary of Vehicle Replacement Budgeted Item: YES Exhibits: HGAC & BuyBoard Price Sheets SUMMARY & RECOMMENDATION Competitive quotes were received through the Texas BuyBoard and HGAC Cooperative Purchasing Programs for 1-utility truck, 1-small dump truck, and 4-zero turn mowers eligible for replacement in the FY18 - FY19 Vehicle Replacement Program. The equipment is utilized in Public Works, Parks, and the Golf Course. VENDOR BUDGET ITEM BUDGETED BID USER Chastang Ford Utility Truck, Crew Cab $36,727 $38,488 PW Chastang Ford Dump Truck, Crew Cab $39,968 $37,988 PW Lansdowne Moody 4 Zero Turn Mowers $52,000 $46,456 Parks, PW, GOLF TOTAL $128,695 $122,932 Miscellaneous: The vehicles to be purchased with this agenda request will replace existing vehicles that are now at the end of their service lives with funding from the Vehicle Replacement Fund. vehicles/equipment are the funding amounts approved by Council for the FY 18-FY 19 budget for new purchases. The Division will pay lease fees over the life of The Purchasing Division of the Finance Department has reviewed the recommendation for vehicle purchases and is in support of this recommendation. Pricing was checked on both BuyBoard Programs. Action Required by Council: 1. Consider approval or other action to award purchase of one -crew cab truck with utility bed to Chastang Ford ($38,488.00). 2. Consider approval or other action to award purchase of one -crew cab truck with dump bed to Chastang Ford ($37,988.00). 3. Consider approval or other action to award purchase of four zero turn mowers to Lansdowne Moody ($46,456.00). Approved for City Council Agenda Corby D. Alexander, City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: October 22, 2018 Source of Funds: ESD Fund (034) Requested By: Ray Nolen, EMS Chief Account Numbers: Department: EMS 034-5059-522-8021 Amount Budgeted: Report: Resolution: Ordinance: $75,000.00 Exhibits: Vendor Quote – Terason Amount Requested: Exhibits: Sole Source Provider Vendor Letter $73,725.00 Budgeted Item: YES SUMMARY & RECOMMENDATION EMS requested funding during the FY2018-19budget period to purchasethe following medical treatment devices: Fund – 034-8021 3 – Terason uSmart 3200T NexGen Ultrasound Tablet Systems with 2D Digital Imaging, Color Doppler, Pulsed Wave Doppler and SuperHarmonics - $73,500.00 3 – Standard 60 Month Warranty 1 - Shipping & Handling - $225.00 Total - $73,725.00 The requested portable Ultrasound Tablet System and accessories will serve as new and additional equipment to be utilized by EMS personnel in the field to help assess and diagnose medical emergencies in the field such as a ruptured ectopic pregnancy, pneumothorax, fluid overload, heart failure, sepsis, pulmonary embolism, PEA versus hypotension in cardiac arrest, assist with difficult IVs and even spot a middle cerebral artery stroke. The requested additional equipment will be placed on the three front-line ambulances operated by the EMS department. Terason, Division of Teratech Corporation is the sole source provider in the Emergency Response Services for the following products: uSmart 3200T NexGen Ultrasound System An annual maintenance service agreement will need to be secured upon the expiration of the sixty (60) month factory warranty. Action Required by Council: Consider approval or other action authorizing the purchase in the amount of $73,725.00 for three (3) uSmart 3200T NexGen Ultrasound Tablet System devices from a sole source provider. Approved for City Council Agenda Corby D. Alexander, City Manager Date § Terason uSmart3200T NexGen Ultrasound System 9a{ {ƚƌĻ {ƚǒƩĭĻ 9ǣĭƌǒƭźǝĻ CĻğƷǒƩĻƭ ƚƓ ƷŷĻ ĻğƩƭƚƓ aƚķĻƌ ЌЋЉЉ ŷĻ ŅƚƌƌƚǞźƓŭ ŅĻğƷǒƩĻƭ ğƓķ ĭğƦğĬźƌźƷźĻƭ ƚƓ ƷŷĻ ĻƩğƭƚƓ ƒƚķĻƌ ЌЋЉЉ ğĬƌĻƷ ƌƷƩğƭƚǒƓķ {ǤƭƷĻƒ ğƩĻ ĻǣĭƌǒƭźǝĻ Ʒƚ ƷŷĻ ЌЋЉЉ ğƓķ ĭğƓƓƚƷ ĬĻ ķǒƦƌźĭğƷĻķ ĬǤ ğƓǤ ƚƷŷĻƩ ǒƌƷƩğƭƚǒƓķ ĭƚƒƦğƓǤ źƓ Ʒŷźƭ ĭƌğƭƭ ƚŅ ƷĻĭŷƓƚƌƚŭǤ͵ ŷĻƩĻŅƚƩĻͲ ƷŷĻ ƌźƭƷ ĬĻƌƚǞ ƭŷƚǒƌķ ĬĻ ĭƚƓƭźķĻƩĻķ ŅƚƩ ğ {ƚƌĻ {ƚǒƩĭĻ ƆǒƭƷźŅźĭğƷźƚƓ͵ Њ͵Μ DƚƩźƌƌğ Dƌğƭƭν Ώ ŷĻ ǝźĻǞźƓŭ ƒƚƓźƷƚƩΉƭĭƩĻĻƓ ƚƓ ƷŷĻ ЌЋЉЉ źƭ ƦƩƚƷĻĭƷĻķ ĬǤ DƚƩźƌƌğ Dƌğƭƭν ĻƓƭǒƩźƓŭ ǤƚǒƩ ƭǤƭƷĻƒ źƭ ƓƚƷ ķğƒğŭĻķ ĻǝĻƓ źƓ ƷŷĻ ƒƚƭƷ ĭŷğƌƌĻƓŭźƓŭ ĻƓǝźƩƚƓƒĻƓƷƭ͵ Ћ͵Μ ЋЎЏ D. IğƩķ 5ƩźǝĻ ƷŷĻ ЌЋЉЉ ŷğƭ ƷŷĻ ƌğƩŭĻƭƷ ŷğƩķ ķƩźǝĻ źƓ Ʒŷźƭ ĭƌğƭƭ͵ ЋЎЏ D. ğƌƌƚǞƭ ƚǒƩ ǒƭĻƩƭ Ʒƚ ƭƷƚƩĻ ğƓ ĻƓƚƩƒƚǒƭ ğƒƚǒƓƷ ƚŅ źƒğŭĻƭ ğƭ ǞĻƌƌ ğƭ ğķķźƓŭ ƚƷŷĻƩ ƭƚŅƷǞğƩĻ ğƓķ ğƦƦƌźĭğƷźƚƓƭ͵ Ќ͵Μ CźǝĻ ΛЎΜ ĻğƩ ğƩƩğƓƷǤ ƷŷĻ ЌЋЉЉ ĭƚƒĻƭ ǞźƷŷ ğ Cǒƌƌ ğƩƩğƓƷǤ ƚƓ ƷŷĻ ƭǤƭƷĻƒ ğƓķ ƷƩğƓƭķǒĭĻƩƭ ǒƓƒğƷĭŷĻķ ĬǤ ğƓǤ ƚƷŷĻƩ ƭǤƭƷĻƒ źƓ Ʒŷźƭ ĭƌğƭƭ͵ Ѝ͵Μ Cw99 wĻǝ \[ĻǝĻƌ tĻƩŅƚƩƒğƓĭĻ ƦŭƩğķĻƭ ŅƚƩ ƷŷĻ Ņǒƌƌ ƌźŅĻ ƚŅ ƷŷĻ ǞğƩƩğƓƷǤ͵ ŷźƭ ƦƩƚƷĻĭƷƭ ƚǒƩ ǒƭĻƩƭ ŅƩƚƒ ƚĬƭƚƌĻƭĭĻƓĭĻ ğƓķ ƉĻĻƦƭ ƷŷĻƒ ƚƓ ƷŷĻ ĭǒƷƷźƓŭ ĻķŭĻ ƚŅ ƚǒƩ ƷĻĭŷƓƚƌƚŭǤ͵ Ў͵Μ {ƚƌźķ {ƷğƷĻ IğƩķ 5ƩźǝĻ ƷŷĻ ƒƚƭƷ ķǒƩğĬƌĻ ŷğƩķ ķƩźǝĻ źƓ Ʒŷźƭ ĭƌğƭƭ͵ ŷźƭ ĻƓƭǒƩĻƭ ƚƦƷźƒğƌ ƦĻƩŅƚƩƒğƓĭĻ ğƓķ ƩĻƌźğĬźƌźƷǤ͵ Џ͵Μ 9a{ {ƦĻĭźŅźĭ tƩƚƷƚĭƚƌ 5ƩźǝĻƓ 9ķǒĭğƷźƚƓ ε ƩğźƓźƓŭ ĻƩğƭƚƓ źƭ ƷŷĻ hb\[ ǒƌƷƩğƭƚǒƓķ ĭƚƒƦğƓǤ ğƌźŭƓĻķ ǞźƷŷ 9a{th/ { ƷŷĻ ƒƚƭƷ ğķǝğƓĭĻķ ǒƌƷƩğƭƚǒƓķ ƷƩğźƓźƓŭ ĭƚǒƩƭĻ ƭƦĻĭźŅźĭğƌƌǤ ŅƚƩ ƷŷĻ 9a{ ĭƚƒƒǒƓźƷǤ͵ Terason, Division of Teratech Corporation 1-866-TERASON 77 Terrace Hall Ave., Burlington, MA 01803 (P) 781-270-4143 www.terason.com (F) 781-270-4145 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: October 22, 2018 Source of Funds: 019 Requested By: Lorenzo Wingate Account Number: 019-9881-690-1100 Department: Public Works Amount Budgeted: 019 $665,000 Report: ___ Resolution: _____ Ordinance: _______ Amount Requested: 019 $245,030 Budgeted Item: YES NO Exhibit: Public Management, Inc. Contract Proposal Exhibit: Notified Vendors Lists SUMMARY & RECOMMENDATION Request for Proposal #180505 Grant Administration Services was advertised on September 5, 2018, providing an opportunity for administration/management firm and/or professional service provider(s) to assist the City in preparing applications for and in the overall management of 1) Community Development Block Grant Disaster Recovery funding related to 2015 flooding and storms (DR-4223 and DR-4245) from the General Land Office; 2) Community Development Block Grant Disaster Recovery funding related to Hurricane Harvey CDBG-DR Round 1 Harris County Method of Distribution; and 3) the Texas Division of Emergency Management (TDEM) Hurricane Harvey DR-4332 Section 404 Hazard Mitigation Grant Program (HMGP) funding. The potential award amount(s) for the CDBG 2015 DR-4223 and DR-4245, Hurricane Harvey CDBG-DR Round 1, and TDEM Hurricane Harvey DR-4332 Section 404 HMGP funding are $325,800.00, $3,472,757.00, and $16,900,000.00, respectively. Public Management, Inc. was selected as the top firm of the four (4) respondents to RFP #180505 Grant Administration Services. The proposal submitted by Public Management, Inc. (attached) includes no fee for CDBG-DR application preparation services. As reflected within the proposal (ref. exhibit)-DR Thus, a maximum of 9% of allocated grant funds (or fee of $29,000) will be utilized for payment of proposed fees associated with Administrative Services related to the 2015 CDBG project(s). At this time, Harris County has not confirmed that grant recipients would be allowed to utilize grant funds to pay for Administrative Services for the CDBG-DR HC Harvey MOD. As such local funds are intended to be utilized fee schedule is consistent with the fee schedule for the 2015 CDBG allocation. As such, Administrative Services fees shall not exceed a 6% of the allocated grant funds (fee of $200,000) A fee not to exceed 4.5% of the grant award amount is proposed for HMGP Administrative Services. Grant funds would be utilized for payment of proposed fees associated with Administrative Services related to HMGP project(s). All payment of fees shall be contingent upon funding award. In the event that grant funds are not awarded, fees for Administrative Services shall not be paid. Benefits: A Grant Administrator provides level of staffing necessary to manage twelve (12) concurrent grant applications and processes, while promptly preparing necessary documentation and promptly responding to requests for information during the application phase. Additionally, a grant administrator would ensure that all requirements of the grant are met throughout each phase of the project. Grant funds can be utilized to pay fees associated with Administration Services, as such, fees are limited to amounts prescribed by grant provider. Liabilities: Potential to miss application submittal deadlines due to extensive level of effort required to prepare each grant application, thereby forgoing opportunities to secure grant funding which would supplement funding of drainage improvement projects. Operating Costs: N/A Action Required by Council: Consider approval or other action authorizing the City Manager to enter into contract with Public Management, Inc. for Grant Administration Services based on the proposal provided in response to RFP #180505 for grant application preparation and overall management of CDBG and HMGP funding, with a total authorization of $245,030, including a $229,000 base fee and 7% contingency of $16,030. Approved for City Council Agenda Corby D. Alexander Date From:Lovercheck, Ashley Bcc:"kay@howco.net";"nblais@blaisassoc.com";"cdragon2010@gmail.com";"rudyr@ccaustin.com"; "davidjwaxman@sbcglobal.net";"carl.esser@hotmail.com";"jjohnson@gmjinc.com";"gburrus@texasgrants.us"; "grantworks@grantworks.net";"asmith@hanson-inc.com";"hollis@rutledge-associates.com"; "judy@LCMSinc.com";"nick.gallegos@mrgdc.org";"valreethompson@hotmail.com";"dmeyer@theprpc.org"; "aliceashley@provisionsr.com";"pwiltshire@publicmgt.com";"rvann@rkvtexas.com";"charles@grant- consultant.com";"franciscobriones38@yahoo.com";"RGAinArroyoCity@aol.com";"mark@grtraylor.com"; "marykay@amazinggrants.com";"jane@h2opartnersusa.com";"katy@ksbr-llc.com";"lauren@lrjconsulting.com"; "shane.lucas@ldrconsulting.us";"javoperez1@gmail.com";"jose@totemstrategies.com" Subject:City of La Porte Invitation: RFP 18505-Administration Services Date:Thursday, August 16, 2018 4:44:00 PM Attachments:RFP 18505 Grant Administration Services 081518.pdf image001.png Importance:High Hello, Sealed RFP Due Date: Wednesday, September 5, 2018 at 2:00 p.m. The City of La Porte invites you to participate in RFP #18505 - Grant Administration Services. Please see the attachment or click RFP #18505 - Grant Administration Services to view the solicitation. Please register at www.publicpurchase.com to receive future bid notifications and all updates on this solicitation. Detailed instructions can be found at Vendor Registration Instructions and attached to this invitation. !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu This contract (“Contract”) is made and entered effective ________________, 2018 by and between PUBLIC MANAGEMENT, INC., a Texas corporation, of Cleveland, Liberty County, Texas (“Consultant”) and the City of La Porte,Harris County, (“Client”) for the purpose of retaining Consultant to render Application and Administration Services to the Client for the federal, state or locally funded Disaster Recovery Programs. Client and Consultant agree that Consultant will provide consulting services to Client on the terms and conditions outlined in this Contract. I. Consultant will provide Client with administrative services as follows: A) Application Preparation Review of proposed project for program compliance and will work with city staff to provide an overview of damage assessment; Advise on important deadlines and procedures; Schedule project meetings with client staff to evaluate proposed project and timeframes. Prepare project description in conjunction with staff and project engineer; Evaluate project objective and develop timelines/milestones; Prepare project maps in ArcGIS and PDF format; Prepare necessary preliminary Environmental Compliance documentation; Conduct public hearings (as applicable) for application submission and attend Client meeting to address application development; Package complete application with all pertinent supplemental documentation for client to review prior to submission; Advise client on funding availability, anticipated scoring, selection and award process; Identify and document beneficiaries. B) Administrative Duties Oversee the project and achieve all of the project goals within the constraints given by the funding agency; Develop and implement project phases to plan, budget, oversee, and document all aspects of the specific project; Coordinate all activities related to the project’s successful completion with all other professionals and organizations associated with this project; Act as the Client's liaison to the funding agency in all matters concerning the project; Coordinate communication via email, conference call, facsimile, and direct meetings to ensure the project is on schedule and all parties are properly informed; Prepare and submit any necessary reports required by the funding agency during the course of the project (i.e. Quarterly Progress Reports, Project Monitoring Reports, Project Completion Reports, etc.); Provide Client staff specific instructions on the necessary administrative procedures that will assure a successful project; Public Management, Inc. Administrative Services 1 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu Establish and maintain record keeping systems; Assist with resolving monitoring and audit findings; C) Recordkeeping Complete filing system will be developed and maintained at Client’s office; Both physical and electronic form of records will be developed and accessible; Records will be updated as necessary to ensure compliance with funding source and administrative agency; Records will be retained for the appropriate period of time as dictated by the funding agency, with electronic records available for perpetuity. D) Financial Management Utilize and assist with the agency's system of record to complete milestones, submit documentation, reports, draws, change requests, etc.; Requested fund expenditure in-line with project milestones; Develop a detailed Contract Ledger; Establish a filing system that accurately and completely reflects the financial expenditures of the program and project(s). E) Construction Management Assist the Client in submitting/setting up project applications in the Agency’s system of record; Coordinate the development, completion, and execution of contract documents to ensure supporting documentation is in order; Conduct regular on-site visitations and assessments; Development and maintenance of construction management status log; Recommendation and development of scope realignments as prescribed by the projects complexities. F) Economic Revitalization (as applicable) Develop a contract for compliance with the private enterprise partner; Monitor compliance with the contract throughout the course of the project; Coordinate job creation and/or retention reporting; Document and track economic impact and revitalization activities. G) Flood Protection Planning (as applicable) Assist Client with establishing formal and direct contact with appropriate entities affected by the project and in coordinating with existing flood protection planning activities in the watershed; Develop detailed budgets for subcontracts; Schedule and assist facilitating at minimum three (3) required public meetings; Submit planning studies for review. H) Real Property Acquisition Procedures (as applicable) Perform initial acquisition assessment; Compliance with performance standards for citizen participation; Public Management, Inc. Administrative Services 2 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu Obtain the proposed easement alignments and meets and bounds from the City; Conduct applicable ownership research; Prepare easement price valuations; Obtain a title opinion and/or a property appraisal when necessary; Complete necessary correspondence and negotiation with property owner; Draft easement agreements and file executed agreements with County; Implement and document initial real property acquisition and relocation assistance activities; Assist in other measures and matters incidental to and necessary in carrying the services; Advise Client concerning Program requirements and regulations; Prepare necessary reports about the Program, including the performance report to comply with URA and TWDB, the Mayor, City Council and citizens' groups. I) Environmental Services Review each project description to ascertain and/or verify the level of environmental review required: Exempt, Categorical Exclusion not Subject to 58.5, Categorical Exclusion Subject to 58.5, Environmental Assessment, and Environmental Impact Statements; Prepare and maintain a written environmental review record; Consult and coordinate with oversight/regulatory agencies to facilitate environmental clearance; Conduct site-visits as necessary to ensure environmental compliance; Prepare all responses to comments received during comment phase of the environmental review, including State/Federal Agency requiring further studies and/or comments from public or private entities during public comment period; Provide documentation of clearance for Parties Known to be Interested as required by 24 CFR 58.43; Advise and complete environmental re-evaluations per 24 CFR 58.47 when evidence of further clearance or assessment is required; Assist in compliance with flood plain and wetlands management review guidelines; . J)CivilRightsRequirements Set up Civil Rights & Citizen Participation File; Designate a Civil Rights Officer (CRO); Adopt policies and grievance procedures regarding Citizen Participation; Adopt Policies and Pass Resolution/Proclamation/Ordinances regarding Civil Rights; Publish Citizen Participation and Civil Rights Notices; Place necessary documentation in Bid Packets for Contractors; Include required clauses in Construction Contracts between Grant Recipient and Contractor; Take action to Affirmatively Further Fair Housing; The Team will be diligent and consistent in implementing the project’s civil rights responsibilities and will undertake further action and reporting requirements. K) Procurement/Bidding/Contracting Provide assistance to ensure compliance with Local Government Code Chapter 252 as applicable to goods and services; Public Management, Inc. Administrative Services 3 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu Provide assistance to ensure compliance with 2 CFR 200.320 (Methods of Procurement to be Followed). L) Labor Standards Monitoring Davis-Bacon Act (40 USC Chapter 31, Subchapter IV); Contract Work Hours & Safety Standards Act (CWHSSA); Copeland (Anti-Kickback) Act (18 USC 874; 40 USC 3145); Fair Labor Standards Act. M) Force Account (as applicable) Develop and maintain documentation of all associated costs; Using appropriate recordkeeping forms required by funding agency; Submit documentation upon completion of necessary milestones. N) Mitigation Projects (as applicable) Develop and implement local criteria to prioritize applicants; Coordinate and conduct public meetings to solicit homeowners to volunteer to participate in grant programs; Respond to verbal, email and written inquiries from the public regarding participation in grant programs; Collect homeowner information as needed to facilitate development of grant application; Identify and evaluate candidate projects suitable for grant funding; Provide written overview of drainage project evaluations to include list of data needs; Conduct water surface reduction analysis for potential drainage project areas; Provide written report summarizing results of water surface reduction analysis with estimated benefit calculations for each reduction scenario; Complete Benefit Cost Analysis per FEMA’s Guidance for candidate drainage projects; Complete project scope of work, cost estimate, schedule and justifications and all other elements of grant application; Complete Benefit Cost Analysis calculations per FEMA guidance for properties to be included in grant application; Provide recommendation to City of which properties or drainage projects to include in grant application based on HMA guidance and Benefit Cost Analysis calculations; Conduct review and analysis of FEMA and other data to validate property classification and cost estimates; Assist City with execution of required certifications and other documents; Assist City with the completion and submittal of grant applications; Respond to any State or FEMA requests for information post-application submittal (RFIs); Report to local officials on the grant process; Prepare required reports to the State; Assist the City in evaluating options for procurement of qualified contractors in accordance with 2 CFR Part 200 and State of Texas procurement standards; Prepare reconciliation with State on all grant funds; Prepare all reports and forms required for grant closeout; Public Management, Inc. Administrative Services 4 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu Participate in any review or audit of the grant by TWDB, FEMA or their assignee, and address any questions, findings, or deficiencies noted. O) Buyout and Mitigation Projects (as applicable): Prepare requests for payment from the City to the property owners or contractor involved in the buyout program; Prepare requests for reimbursement from the City to the State; Assist the City in developing an agreement between the City and the Homeowners for buyout that passes along the relevant terms of the grant. This agreement will also establish Homeowner obligations that must be followed during the elevation of their home; Coordination of inspection, structure requirement, and bid/contract process for elevation contractor procurement; Coordinate and facilitate meetings with Homeowners to outline the project’s scope of work requirements. Work closely with the Homeowners throughout the duration of the project and respond to their questions in a timely manner. P) Contract Close-out Assistance Ensure project outcomes are in line with contract documents and funding agency’s goals and objectives; Ensure project beneficiaries are appropriately documented and reported; Develop, complete, and submit project completion report(s) and any other necessary administrative completion documents. It is specifically agreed and understood that Consultant will not provide either personally or by contract any professional or technical services requiring a license by the State of Texas in any phase or aspect of the foregoing. Rather, Consultant will advise Client of the need of such services in furtherance of the planned objectives of Client's Program. Client acknowledges that Consultant is providing Administrative Services only to Client and that Consultant is not responsible for any procurement activities for or on behalf of the Client. That is, Client, not Consultant, will advertise for and procure the services of any third party required to fulfill Program requirements. By way of example only, Client, not Consultant, must timely and properly post any advertisements necessary to fulfill Program requirements and Client, not Consultant, will enter into any required contracts with third parties necessary to fulfill Program requirements. Client Initials _____________ Consultant Initials _____________ Public Management, Inc. Administrative Services 5 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu II. Consultant hereby agrees that in the implementation of this Contract, Consultant will comply with the terms and conditions of Attachment II, which document is attached hereto and incorporated herein for all purposes, as if set out herein verbatim. III. Client is awarding this contract in accordance with the State of Texas Government Code 2254, Professional and Consulting Services. IV. It is agreed by the parties hereto that Consultant will, in the discharge of services herein, be considered as an Independent Contractor as that term is used and understood under the laws of the State of Texas and further for the purposes of governing Consultant's fees under the Procurement Standards of Title 2 CFR Part 200. V. For work associated to Community Development Block Grant – Disaster Recovery (CDBG- DR)and in consideration of the foregoing, Client agrees to pay Consultant a fee not to exceed ZERO DOLLARS ($0.00) for Application Preparation Services: Application Preparation Services …………………………………………………………………………… $0.00 TOTAL: $0.00 For work associated to Community Development Block Grant – Disaster Recovery (CDBG- DR)and in consideration of the foregoing, Client agrees to pay Consultant a fee not to exceed the maximum percentage on the table below for Administrative Services. Public Management, Inc. Administrative Services 6 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu It is agreed that upon determination of total funding request amount Consultant and Client will execute theWork Authorization (Attachment I) that will detail final contract amount and cost for services. It is also agreed that payments to such Consultant shall be subject to adjustment where monitoring reviews or audits by the agency indicate that personal services were compensated at greater than reasonable rates. VI. For work associated to Hazard Mitigation Assistance (HMA) and in consideration of the foregoing, Client agrees to pay Consultant a fee based on the table below for Application Preparation Services: Public Management, Inc. Administrative Services 7 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu Applications with 1-25 homes $5,000.00 Applications with 26 to 50 homes $6,000.00 Applications with 51 to 75 homes $7,000.00 Applications with 76 to 100 homes $8,000.00 Applications with greater than 100 $9,000.00 Applications with BCAs on < 25 homes $8,000.00 ($2,500 is BCA related) Applications with BCAs on 26 to 100 homes $9,000.00 ($3,500 is BCA related) Applications with BCAs on 101 to 200 homes $10,000.00 ($4,000 is BCA related) Applications with BCAs on 201 to 300 homes $11,000.00 ($5,000 is BCA related) Applications with BCAs on > 300 homes $12,000.00 ($6,000 is BCA related) For work associated to Hazard Mitigation Assistance (HMA) and in consideration of the foregoing, Client agrees to pay Consultant a fee not to exceed 4.5 % of the grant award amount for Administrative Services. It is agreed that upon determination of total funding request amount Consultant and Client will execute the Work Authorization (Attachment I) that will detail final contract amount and cost for services. It is also agreed that payments to such Consultant shall be subject to adjustment where monitoring reviews or audits by the agency indicate that personal services were compensated at greater than reasonable rates. VII. Payment of the fees associated with (“Part V. and VI.”’) - Payment Schedule of this Agreement – shall be contingent upon funding award. In the event that grant funds are not awarded to the Client this agreement shall be terminated by the Client. Public Management, Inc. Administrative Services 8 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu VIII. For purposes of this Contract, the Mayor or equivalent authorized person will serve as the Local Program Liaison and primary point of contact for Consultant. All required progress reports and communication regarding the project shall be directed to this liaison and other local personnel as appropriate. IX. This Contract shall extend and be in full force until the Program has been fully closed out by the agency. Notwithstanding the foregoing, this Contract may be terminated by Consultant, with or without cause, on forty-five (45) days’ written notice to Client. X. Termination for Cause by Client: If Consultant fails to fulfill in a timely and proper manner its obligations under this Contract, or if Consultant violates any of the covenants, conditions, contracts, or stipulations of this Contract, Client shall have the right to terminate this Contract by giving written notice to Consultant of such termination and specifying the effective date thereof, which shall be at least five (5) days before the effective date of such termination. In the event of termination for cause, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by Consultant pursuant to this Contract shall, at the option of Client, be turned over to Client and become the property of Client. In the event of termination for cause, Consultant shall be entitled to receive reasonable compensation for any necessary services actually and satisfactorily performed prior to the date of termination. Termination for Convenience by Client: Client may at any time and for any reason terminate Consultant’s services and work at Client's convenience upon providing written notice to the Consultant specifying the extent of termination and the effective date. Upon receipt of such notice, Consultant shall, unless the notice directs otherwise, immediately discontinue the work and placing of orders for materials, facilities and supplies in connection with the performance of this Agreement. Upon such termination, Consultant shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Agreement; plus, (2) such other costs actually incurred by Consultant as are permitted by the prime contract and approved by Client; (3) plus ten percent (10%) of the cost of the work referred to in subparagraph above for overhead and profit. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to Consultant prior to the date of the termination of this Agreement. Consultant shall not be entitled to any claim or claim of lien against Client for any additional compensation or damages in the event of such termination and payment. Public Management, Inc. Administrative Services 9 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu Resolution of Program Non-Compliance and Disallowed Costs: In the event of any dispute, claim, question, or disagreement arising from or relating to this Contract, or the breach thereof, including determination of responsibility for any costs disallowed as a result of non-compliance with federal, state or Program requirements, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith within thirty (30) days of receipt of a written notice of the dispute or invitation to negotiate, and attempt to reach a just and equitable solution satisfactory to both parties. If the matter is not resolved by negotiation within thirty (30) days of receipt of written notice or invitation to negotiate, the parties agree first to try in good faith to settle the matter by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. The parties may enter into a written amendment to this Contract and choose a mediator that is not affiliated with the American Arbitration Association. The parties shall bear the costs of such mediation equally. If the matter is not resolved through such mediation within sixty (60) days of the initiation of that procedure, either party may proceed to file suit. XI. Client, the agency, the U.S. Department of Housing and Urban Development (HUD), Inspectors General, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of Consultant which are directly pertinent to this Program, for the purpose of making audit, examination, excerpts, and transcriptions, and to close out the Client’s contract. Consultant agrees hereby to maintain all records made in connection with the Program for a period of three (3) years after Client makes final payment and all other pending matters are closed. All subcontracts of Consultant shall contain a provision that Client, the agency, and the Texas State Auditor’s Office, or any successor agency or representative, shall have access to all books, documents, papers and records relating to subcontractor’s contract with Consultant for the administration, construction, engineering or implementation of the Program between the agency and Client. XII. If, by reason of force majeure, either party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this Contract, then if such party shall give notice and full particulars of such force majeure in writing to the other party within a reasonable time after the occurrence of the event or cause relied on, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuance of the inability then claimed, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Public Management, Inc. Administrative Services 10 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu The term "force majeure" as employed herein shall mean acts of God, acts of public enemy, orders of any governmental entity of the United States or of the State of Texas, or any civil or military authority, and any other cause not reasonably within the control of the party claiming such inability. XIII. This document embodies the entire Contract between Consultant and Client. Client may, from time to time, request changes in the services Consultant will perform under this Contract. Such changes, including any increase or decrease in the amount of Consultant’s compensation, must be agreed to by all parties and finalized through a signed, written amendment to this Contract. XIV. If a portion of this Contract is illegal or is declared illegal, the validity of the remainder and balance of the Contract will not be affected thereby. XV. Any provision of this Contract which imposes upon Consultant or Client an obligation after termination or expiration of this Contract will survive termination or expiration of this Contract and be binding on Consultant or Client. XVI. No waiver of any provision of this Contract will be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will any waiver constitute a continuing waiver. No waiver will be binding unless executed in writing by the party making the waiver. XVII. This Contract will be governed by and construed in accordance with the laws of the State of Texas. XVIII. Any dispute between Consultant and Client related to this contract which is not resolved through informal discussion will be submitted to a mutually agreeable mediation service or provider. The parties to the mediation shall bear the mediation costs equally. This paragraph does not preclude a party from seeking equitable relief from a court of competent jurisdiction. Public Management, Inc. Administrative Services 11 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu XIX. The party who prevails in any legal proceeding related to this contract is entitled to recover reasonable attorney fees and all costs of such proceeding. XX. Consultant and Client, each after consultation with an attorney of its own selection (which counsel was not directly or indirectly identified, suggested, or selected by the other party), both voluntarily waive a trial by jury of any issue arising in an action or proceeding between the parties or their successors, under or connected with this contract or its provisions. Consultant and Client acknowledge to each other that Consultant and Client are not in significantly disparate bargaining positions. _____________________________ PATRICK K. WILTSHIRE President/CEO ______________________________ Chief Elected Official ATTEST: _____________________________ Public Management, Inc. Administrative Services 12 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu ATTACHMENTI WORK AUTHORIZATION For work associated to ____2015 GLO Flood and Storm Program Implementation______ and in consideration of the foregoing, Client agrees to pay Consultant a fee not to exceed: __________Twenty-Nine Thousand Dollars and Zero Cents______ ($_29,000.00__) for Grant Administration Services Preliminary Administrative Requirements……….…………………………………………… $__7,250.00_ Environmental Review…...…………………………………………..………………………………… $__7,250.00_ Start of Construction……………………………………………………………........................... $__5,800.00_ Construction Completion……………………………….……………………………………………… $__5,800.00_ Close-Out……………………………………………………………………………………………………… $__2,900.00_ $_29,000.00_ Total: City of La Porte ________________________ _________________________ PATRICK K. WILTSHIRE Chief Elected Official President/CEO ATTEST: _________________________ Public Management, Inc. Administrative Services 13 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu ATTACHMENT I WORK AUTHORIZATION For work associated to ____Harris County Hurricane Harvey MOD Program Implementation____ and in consideration of the foregoing, Client agrees to pay Consultant a fee not to exceed: ______________Zero Dollars________________________________ ($___0.00____) for Application Preparation Services __________Two-Hundred Thousand Dollars and Zero Cents_______ ($_200,000.00_) for Grant Administration Services Preliminary Administrative Requirements……….…………………………………………… $__30,000.00_ Environmental Review…...…………………………………………..………………………………… $__30,000.00_ Start of Construction……………………………………………………………........................... $__60,000.00_ Construction Completion……………………………….……………………………………………… $__60,000.00_ Close-Out……………………………………………………………………………………………………… $__20,000.00_ $_200,000.00_ Total: * City of La Porte _________________________ ________________________ PATRICK K. WILTSHIRE Chief Elected Official President/CEO ATTEST: _________________________ Public Management, Inc. Administrative Services 14 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu ATTACHMENT II TERMS AND CONDITIONS I. e)The Contractor will comply with all provisions of Executive Equal Employment Opportunity Order 11246 of September 24, 1965, “Equal Employment Opportunity” and of the rules, regulations, and relevant During the performance of this Contract, Consultant agrees orders of the Secretary of Labor. as follows: f)The Contractor will furnish all information and reports a)The Contractor will not discriminate against any employee or required by Executive Order 11246 of September 24, 1965, applicant for employment because of race, color, religion, and by rules, regulations, and orders of the Secretary of sex, sexual orientation, gender identity, or national origin. Labor, or pursuant thereto, and will permit access to his The Contractor will take affirmative action to ensure that books, records, and accounts by the administering agency applicants are employed, and that employees are treated and the Secretary of Labor for purposes of investigation to during employment without regard to their race, color, ascertain compliance with such rules, regulations, and religion, sex, sexual orientation, gender identity, or national orders. origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; g)In the event of the Contractor's noncompliance with the recruitment or recruitment advertising; layoff or nondiscrimination clauses of this contract or with any of the termination; rates of pay or other forms of compensation; said rules, regulations, or orders, this contract may be and selection for training, including apprenticeship. The canceled, terminated, or suspended in whole or in part and Contractor agrees to post in conspicuous places, available to the Contractor may be declared ineligible for further employees and applicants for employment, notices to be Government contracts or federally assisted construction provided setting forth the provisions of this contracts in accordance with procedures authorized in nondiscrimination clause. Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided b)The Contractor will, in all solicitations or advertisements for in Executive Order 11246 of September 24, 1965, or by rule, employees placed by or on behalf of the Contractor; state that regulation, or order of the Secretary of Labor, or as otherwise all qualified applicants will receive considerations for provided by law. employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. h)The Contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions of c)The Contractor will not discourage or in any other manner paragraphs (a) through (h) in every subcontract or purchase discriminate against any employee or applicant for order unless exempted by rules, regulations, or orders of the employment because such employee or applicant has Secretary of Labor issued pursuant to section 204 of inquired about, discussed, or disclosed the compensation of Executive Order 11246 of September 24, 1965, so that such the employee or applicant or another employee or applicant. provisions will be binding upon each subcontractor or This provision shall not apply to instances in which an vendor. The Contractor will take such action with respect to employee who has access to the compensation information any subcontract or purchase order as the administering of other employees or applicants as a part of such employees agency may direct as a means of enforcing such provisions, essential job functions discloses the compensation of such including sanctions for noncompliance: Provided, however, other employees or applicants to individuals who do not That in the event a Contractor becomes involved in, or is otherwise have access to such information, unless such threatened with, litigation with a subcontractor or vendor as disclosure is in response to a formal complaint or charge, in a result of such direction by the administering agency the furtherance of an investigation, proceeding, hearing, or Contractor may request the United States to enter into such action, including an investigation conducted by the employer, litigation to protect the interests of the United States. or is consistent with the contractor’s legal duty to furnish information. II. d)The Contractor will send to each labor union or Civil Rights Act of 1964 representative of workers with which he has a collective bargaining agreement or other contract or understanding, a Under Title VI of the Civil Rights Act of 1964, no person notice to be provided advising the said labor union or shall, on the grounds of race, color, religion, sex, or national workers' representatives of the Contractor's commitments origin, be excluded from participation in, be denied the under this section and shall post copies of the notice in benefits of, or be subjected to discrimination under any conspicuous places available to employees and applicants program or activity receiving Federal financial assistance. for employment. Public Management, Inc. Administrative Services 15 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu III. Section 109 of the Housing and Community Development c)The Contractor agrees to send to each labor organization or Act of 1974 representative of workers with which the contractor has a collective bargaining agreement or other understanding, if The Contractor shall comply with the provisions of Section any, a notice advising the labor organization or workers' 109 of the Housing and Community Development Act of 1974. representative of the contractor's commitments under this No person in the United States shall on the ground of race, section 3 clause and will post copies of the notice in color, national origin, religion, or sex be excluded from conspicuous places at the work site where both employees participation in, be denied the benefits of, or be subjected to and applicants for training and employment positions can discrimination under any program or activity funded in whole see the notice. The notice shall describe the section 3 or in part with funds made available under this title. preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training IV. positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the Section 504 Rehabilitation Act of 1973, as Amended positions; and the anticipated date the work shall begin. The Contractor agrees that no otherwise qualified d)The Contractor agrees to include this section 3 clause in individual with disabilities shall, solely by reason of his/her every subcontract subject to compliance with regulations in disability, be denied the benefits of, or be subjected to 24 CFR part 135, and agrees to take appropriate action, as discrimination, including discrimination in employment, provided in an applicable provision of the subcontract or in under any program or activity receiving federal financial this section 3 clause, upon a finding that the subcontractor is assistance. in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor V. where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations Age Discrimination Act of 1975 in 24 CFR part 135. The Contractor shall comply with the Age Discrimination e)The Contractor will certify that any vacant employment Act of 1975 which provides that no person in the United States positions, including training positions, that are filled (1) after shall on the basis of age be excluded from participation in, be the Contractor is selected but before the contract is denied the benefits of, or be subjected to discrimination executed, and (2) with persons other than those to whom the under any program or activity receiving federal financial regulations of 24 CFR part 135 require employment assistance. opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. VI. f)Noncompliance with HUD's regulations in 24 CFR part 135 "Section 3" Compliance in the Provision of Training, may result in sanctions, termination of this Agreement for Employment and Business Opportunities (Limited to default, and debarment or suspension from future HUD contracts greater than $100,000) assisted contracts. a)The work to be performed under this contract is subject to g)With respect to work performed in connection with section 3 the requirements of section 3 of the Housing and Urban covered Indian housing assistance, section 7(b) of the Indian Development Act of 1968, as amended, 12 U.S.C. 1701u Self-Determination and Education Assistance Act (25 U.S.C. (section 3). The purpose of section 3 is to ensure that 450e) also applies to the work to be performed under this employment and other economic opportunities generated Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and by HUD assistance or HUD-assisted projects covered by employment shall be given to Indians, and (ii) preference in section 3, shall, to the greatest extent feasible, be directed to the award of contracts and subcontracts shall be given to low- and very low-income persons, particularly persons who Indian organizations and Indian-owned Economic are recipients of HUD assistance for housing. Enterprises. Parties to this Agreement that are subject to the provisions of section 3 and section 7(b) agree to comply with b)The parties to this contract agree to comply with HUD's section 3 to the maximum extent feasible, but not in regulations in 24 CFR part 135, which implement section 3. derogation of compliance with section 7(b). As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. Public Management, Inc. Administrative Services 16 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu VII. VIII. Section 503 of the Rehabilitation Act (the “Act”) - Interest of Members of Client Handicapped Affirmative Action for Handicapped Workers No member of the governing body of Client and no other officer, employee, or agent of Client who exercises any a)Consultant will not discriminate against any employee or functions or responsibilities in connection with the planning applicant for employment because of physical or mental and carrying out of the Program, shall have any personal handicap in regard to any position for which the employee or financial interest, direct or indirect, in this Contract and applicant for employment is qualified. Consultant agrees to Consultant shall take reasonably appropriate steps to assure take affirmative action to employ, advance in employment compliance. and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental IX. handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, Interest of Other Local Public Officials advertising layoff or termination rates of pay or other forms of compensation, and selection for training, including No member of the governing body of the locality and apprenticeship. no other public official of such locality, who exercises any functions or responsibilities in connections with the planning b)Consultant agrees to comply with the rules, regulations, and and carrying out of the Program, shall have any personal relevant orders of the Secretary of Labor issued pursuant to financial interest, direct or indirect, in this Contract; and the Act. Consultant shall take appropriate steps to assure compliance. c)In the event of Consultant's non-compliance with requirements of this clause, actions for non-compliance may X. be taken in accordance with rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. Interest of Consultant and Employees d)Consultant agrees to post in conspicuous places, available to Consultant covenants that he presently has no employees and applicants for employment, notices in a form interest and shall not acquire interest, direct or indirect, in to be prescribed by the director, provided by or through the the study area or any parcels therein or any other interest contracting officer. Such notices shall state the contractor's which would conflict in any manner or degree with the obligation under the law to take affirmative action to employ performance of its services hereunder. Consultant further and advance in employment qualified handicapped covenants that in the performance of this Contract, no person employees and applicants for employment, and the rights of having any such interest shall be employed. applicants and employees. XI. e)Consultant will notify each labor union or representative of workers with which it has a collective bargaining agreement Debarment and Suspension (Executive Orders 12549 and or other contract understanding, that the contractor is bound 12689) by the terms of Section 503 of the Rehabilitation Act of 1973 and is committed to take affirmative action to employ and The Consultant certifies, by entering into this advance in employment physically and mentally handicapped Agreement, that neither it nor its principals are presently individuals. debarred, suspended, or otherwise excluded from or ineligible for participation in federally-assisted programs f)Consultant will include the provisions of this clause in every under Executive Orders 12549 (1986) and 12689 (1989). The subcontract or purchase order of $2,500 or more unless term “principal” for purposes of this Agreement is defined as exempted by rules, regulations, or orders of the Secretary an officer, director, owner, partner, key employee, or other Issued pursuant to Section 503 of the Act, so that such person with primary management or supervisory provisions will be binding upon each subcontractor with responsibilities, or a person who has a critical influence on respect to any subcontract or purchase order as the director or substantive control over the operations of the Consultant. of the Office of Federal Contract Compliance Programs may The Consultant understands that it must not make any award direct to enforce such provisions, including action for non- or permit any award (or contract) at any tier to any party compliance. which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension.” Public Management, Inc. Administrative Services 17 !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!Dpousbdu XII. Copyrights and Rights in Data HUD has no regulations pertaining to copyrights or rights in data as provided in 24 CFR 85.36. HUD requirements, Article 45 of the General Conditions to the Contract for Construction (form HUD-5370) requires that contractors pay all royalties and license fees. All drawings and specifications prepared by the Design Professional pursuant to this contract will identify any applicable patents to enable the general contractor to fulfill the requirements of the construction contract. XIII. Clean Air and Water. (Applicable to contracts in excess of $100,000) Due to 24 CFR 85.36(i)(12) and federal law, the Design Professional shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. § 1857h-4 transferred to 42 USC § 7607, section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15), on all contracts, subcontracts, and sub grants of amounts in excess of $100,000. XIV. Energy Efficiency Pursuant to Federal regulations (24 C.F.R 85.36(i)(13)) and Federal law, except when working on an Indian housing authority Project on an Indian reservation, the Design Professional shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163 codified at 42 U.S.C.A. § 6321 et. seq.). XV. Retention and Inspection of Records Pursuant to 24 CFR 85.26(i)(10) and (11), access shall be given by the Design Professional to the Owner, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, to any books, documents, papers, and records of the Design Professional which are directly pertinent to that specific Contract for the purpose of making an audit, examination, excerpts, and transcriptions. All required records shall be retained for three years after the Owner or Design Professional and other sub grantees make final payments and all other pending matters are closed. Public Management, Inc. Administrative Services 18 REQUEST FOR CITY COUNCIL AGENDA ITEM Budget Agenda Date Requested: October 22, 2018 Source of Funds: 003 / 050 Requested By: Lorenzo Wingate Account Number: 050-7071-531-1100 Department: Public Works 003-7071-531-1100 Report: ___ Resolution: _X__ Ordinance: _______ Amount Budgeted: $950,000 $40,000 Amount Requested: $125,000 Exhibit: Resolution Approving Local Commitment of Funds Budgeted Item: YES NO Exhibit: Table 1 Exhibit: Table 2 SUMMARY & RECOMMENDATION On June 17, 2016, the U.S. Department of Housing and Urban Development (HUD) allocated $22 million in Community Development Block Grant Disaster Recovery (CDBG-DR) Program funds to the State of Texas to operate the CDBG-DR Program related to relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas (including Harris County) resulting from Presidentially declared Federal Emergency Management Agency (FEMA) 4223-DR-TX (2015 Memorial Day) and FEMA 4245-DR-TX (2015 Halloween) disasters. The GLO-CDR has allocated $325,775.30 to the City of La Porte through Harris County initial MOD and MOD Amendments No. 1 and 2 from the 2015 Floods CDBG-DR funds. On August 27, 2018, Staff submitted a Non- Housing Project Application, to the GLO, detailing the City-housing project to repair or mitigate damage that occurred during the Presidentially declared Federal Emergency Management Agency (FEMA) 4223- DR-TX (2015 Memorial Day) and FEMA 4245-DR-TX (2015 Halloween) disasters. 2015 Non-Housing Project Application and is in the process of making an eligibility determination. The correspondence also stated the GLO requires copy of the City Council Minutes or Resolution approving any local commitment of funds and how it will be utilized for construction, engineering, administration, environmental or acquisition. The estimated project construction cost is $361,000; estimated Engineering cost is $39,000; estimated Environmental and Grant Administration cost is $36,300; for a total estimated project cost of $436,300, which exceed Since these funding for these improvements has been previously approved within the FY18 Budget as part of the th North 6 Street Drainage Improvements Project, Staff recommends commitment $125,000 of these budgeted funds to supplement the $325,775.30 of potential grant funding, for a total project GLO project budget of $450,775.30. Benefits: Drainage improvements within the Northside Neighborhood, within the Little Cedar Bayou Watershed are intended for this allocation. The storm water collection system from the 6th street area is ultimately conveyed to an outfall point within the bayou on the west side of SH 146. As part of an initial phase of drainage improvements for this area, utilization of the allocated grant funding would allow for drainage improvements to be made at the most downstream end of the storm water collection system to provide additional conveyance capacity within the system. Fulfills application requirement(s) of providing a resolution approving a local commitment of funds. Liabilities: 6th Street, from W. Madison Street to W. Main Street., has significant ponding in storm events as low as 5-year event; the storm sewer collection system becomes surcharged and flows backward/upstream and bubble out of the inlets along 6th Street. The area is very flat with no room for the water to leave the street, causing ponding in the street and the adjacent yards until water levels within the collection systems recede and there is volume available for the ponded water to gravity drain dry. Lack of resolution would not fulfill GLO CDBG-DR application submittal requirement(s), causing the application to be rendered deficient, leading to potential failure to secure funding. Operating Costs: No Impact. Action Required by Council: Consider approval of a Resolution approving a local commitment of $125,000 of $325,775.30 provided by the Texas General Land Office for the 2015 Floods and Storms (DR-4223 and DR- 4245) Community Development Block Grant Disaster Recovery Program for the Northside Neighborhood Drainage Improvement Project Phase I. Approved for City Council Agenda Corby D. Alexander Date RESOLUTION NO. 2018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, APPROVING A LOCAL COMMITMENT OF $125,000 TO S ALLOCATION OF $325,775.30 PROVIDED BY THE TEXAS GENERAL LAND OFFICE FOR THE 2015 FLOODS AND STORMS (DR-4223 AND DR-4245) COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM FOR THE NORTHSIDE NEIGHBORHOOD DRAINAGE IMPROVEMENT PROJECT PHASE I; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAWS; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, participation in the 2015 GLO CDBG-DR Program requires the City to provide proof of a resolution approving a local commitment of $125,000 and how it will be utilized for construction, engineering, administration, environmental or acquisition; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council approves this resolution, approving a local commitment of $125,000 to be utilized as necessary for construction, engineering, administration, environmental or acquisition related to Northside Neighborhood Drainage Improvement Project Phase I Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall be effective upon its passage and approval. PASSED AND APPROVED this the day of , 2018 . CITY OF LA PORTE By: Louis R. Rigby Mayor ATTEST: Patrice Fogarty City Secretary UBCMF!2!.!CVEHFU!Dpnqmfuf!b!tfqbsbuf!ubcmf!gps!fbdi!bdujwjuz!ps!ubshfu!bsfb/ Jefoujgz!uif!ubshfu!bsfb!gps!uijt!qspkfdu/!!Pomz!pof!Ubcmf!2!jt!offefe!jg!uif!tbnf!ubshfu!bsfb-!cfofgjdjbsjft-!boe!obujpobm!pckfdujwf!bqqmz/!!Jg!boz!pg!uiftf!bsf!ejggfsfou-!bee! b!ofx!Ubcmf!2/!!Sfgfs!up!uif!Bqqmjdbujpo!Hvjef!gps!jotusvdujpot/ Qspkfdu!Ujumf0Ubshfu!Bsfb;Opsuitjef!Ofjhicpsippe!Esbjobhf!Jnqspwfnfou!Qspkfdu!.!Qibtf!J Dpotusvdujpo!Dpnqmfujpo!Uzqf;Dpousbdu !!Upubm!MNJ!MNJ!DECH.ES!!DECH.ES!DECH.ES!DECH.ES!!DECH.ES!Puifs!Bdujwjuz!! Bdujwjuz!Eftdsjqujpo Bdu!$CfoftCfoft&DpotusvdujpoFohjoffsjohBdrvjtjujpoFowjsponfoubmBenjo!Upubm Gmppe!boe!Esbjobhf!Gbdjmjujft!6!2-3118:677/36&472-1114:-11118-1113:-411236-111672-411 BDUJWJUZ!UPUBMT;2-3118:677/36&472-1114:-11118-1113:-411236-111672-411 $!Opo.Ijtqbojd!$!Ijtqbojd!Upubm!Bdujwjuz!SFRVJSFE!.!Dfotvt!Hfphsbqijd!Bsfb!Ebub! Dpvouz!Dpef Sbdf Jefoujgz!uif!dfotvt!usbdu!boe!cmpdl!hspvq)t*!jo!xijdi!uif!qspkfdu! CfofgjdjbsjftCfofgjdjbsjftCfofgjdjbsjft 312 xjmm!ublf!qmbdf! Xijuf38-174138-174 12131415161718191:21 Dfotvt!Usbdu!)7.ejhju* Cmbdl!Bgsjdbo!Bnfsjdbo3-21113-211 4548/11 Btjbo5221522 Btjbo0Xijuf2141214 Cmbdl!Bgsjdbo!Bnfsjdbo0Xijuf2881288 Obujwf!Ibxbjjbo!0!Puifs!Qbdjgjd!Jtmboefs48148 Bnfsjdbo!Joejbo0Bmbtlbo!obujwf3221322 111 UPUBMT; 41-213141-213 Upubm!Upubm!Upubm! Hfoefs Nbmft!GfnbmftCfoft 278922812:44911 IVE!Obujpobm!PckfdujwfCfofgjujoh!mpx.!boe!npefsbuf.!)M0N*!jodpnf!qfstpot Djuz.xjef!Cfofgju Dpvouz.xjef!Cfofgju Bsfb!Cfofgju Ejsfdu!Cfofgju Cfofgjdjbsz!Jefoujgjdbujpo!Nfuipe)t* Bo!bqqspwfe!UyDECH!tvswfz!xbt!vtfe!up!jefoujgz!uif!cfofgjdjbsjft!gps!uijt!bdujwjuz/ 3127!IVE!MNJTE!jogpsnbujpo!xbt!vtfe!up!jefoujgz!uif!cfofgjdjbsjft!gps!uijt!bdujwjuz/ Uif!sfrvjsfe!Dfotvt!ps!Ufybt!Tubuf!Ebub!Dfoufs!nbq!ibt!cffo!qspwjefe!jg!sfrvjsfe/ Qspwjef!uif!ovncfs!pg!cfofgjdjbsjft!jefoujgjfe!uispvhi!fbdi!pg!uif!gpmmpxjoh!nfuipet!gps!uijt!bdujwjuz; UyDECH!Tvswfz;13127!IVE!MNJTE;Bsfb!Cfofgju;1Ipvtjoh!Bdujwjuz;1Mjnjufe!Dmjfoufmf;1 Qbhf!22!pg!24 Djuz!pg!Mb!Qpsuf-!UY REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 22, 2018 Appropriation Requested By: Shelley Wolny, Treasurer____Source of Funds: ____________________ Department: Finance_____________________ Account Number:____________________ Amount Budgeted: ___________________ Report: __ _ Resolution: _ Ordinance: _ _ Amount Requested: __________________ Exhibits: _ Investment Policy __ ___ __ Budgeted Item: YES NO Exhibits: _ _____________ Exhibits: ______________________ _________ SUMMARY & RECOMMENDATION The City Council of the City of La Porte originally adopted an Investment Policy on January 13, 1992, by Ordinance No. 1802. The Investment Policy governs how the City will invest the City’s funds and outlines administrative and legal guidelines for the Investment Officers to follow for the preservation of capital. The Public Funds Investment Act requires that a City must present the Investment Policy to Council annually for review or amendment. The policy was last amended on November 13, 2017. On September 24, 2018, the Finance Department presented the Investment Policy to the Fiscal Affairs Committee for review. No changes to the actual policy are recommended at this time. Action Required by Council: Recommend that the Council receive and review the City of La Porte Investment Policy. Approved for City Council Agenda ____________________________________ _______________________ Corby D. Alexander, City Manager Date City of La Porte, Texas Investment Policy Adopted by the City Council Of the City of La Porte On January 13, 1992, by Ordinance No. 1802 Amended: City of La Porte, Texas November 1995 Michael G. Dolby, CPA August 1997 Director of Finance November 2000 February 2003 Shelley Wolny February 2005 Treasurer October 2005 July 2009 May 2011 October 2013 October 2014 November 2017 I.POLICY It is the policy of the City of La Porte, Texas (the "City") to administer and invest its funds in a manner which will preserve the principal and maintain the liquidity through limitations and diversification while meeting the daily cash flow requirements of the City. The City will invest all available funds in conformance with legal and administrative guidelines, seeking to optimize interest earnings to the maximum extent possible. The purpose of this investment policy is to comply with all statutes governing the investment of the City’s funds, including the Public Funds Investment Act, Chapter 2256 of the Texas Government Code (the “ Act”), which requires the City to adopt a written investment policy regarding the investment of its funds and funds under its control. The Investment Policy addresses the methods, procedures and practices that must be exercised to ensure effective and judicious fiscal management of the City’s funds. II. SCOPE The City will strive to earn a return on funds invested at the highest investment return possible after taking in consideration the primary goals of preservation of principal and liquidity of funds invested, consistent with the policy objectives described below. This investment policy applies to the investment activities of the government of the City of La Porte, Texas. FUNDS INCLUDED The City’s funds, which are pooled together and constitute the investment portfolio, include all financial assets of all funds managed by the City, including but not limited to receipts of tax revenues, charges for services, bond proceeds, interest incomes, loans and funds received by the City where the City performs a custodial function. These funds are accounted for in the City’s Comprehensive Annual Financial Report (CAFR) and include: General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Funds Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. OBJECTIVES SAFETY The primary objective of the City's investment activity is the preservation of capital and the protection of investment principal in the overall portfolio. Each investment transaction shall seek first to ensure that capital losses are avoided, whether they are from securities defaults or erosion of market value. The City will strive to minimize credit risk by limiting investments to the safest types of investments, prequalifying the financial institutions and broker/dealers with which the City conducts business, and diversify the investment portfolio so that potential losses on individual issuers will be minimized. To minimize interest rate risk, the City will ladder the portfolio and match investments with future cash requirements and invest operating funds in shorter, more liquid securities and investments. LIQUIDITYThe City's investment portfolio will remain sufficiently liquid to enable the City to meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. Because all possible cash demands cannot be anticipated, a portion of the portfolio will be invested in shares of money market mutual funds or local government investment pools that offer same day liquidity. PUBLIC TRUST All participants in the investment process shall seek to act responsibly as custodians of the public trust. Investment Officials shall avoid any transaction that might impair public confidence in the City's ability to govern effectively. The governing body recognizes that in a diversified portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio's investment return, provided that adequate diversification has been implemented. YIELD (Optimization of Interest Earnings) The City's cash management portfolio shall be designed with the objective of regularly meeting or exceeding the average rate of return on U.S. Treasury Bills at a maturity level comparable to the City’s weighted average maturity in days. The investment program shall seek to augment returns above this threshold consistent with risk limitations identified herein and prudent investment principles. INVESTMENT STRATEGY The City maintains a commingled portfolio for investment purposes which incorporates the specific uses and the unique characteristics of the funds in the portfolio. The investment strategy has as its primary objective assurance that anticipated liabilities are matched and adequate investment liquidity provided. The City shall pursue conservative portfolio management strategy. This may be accomplished by creating a laddered maturity structure with some extension for yield enhancement. The maximum dollar weighted average maturity of 2 years or less will be calculated using the stated final maturity date of each security. IV. RESPONSIBILITY AND CONTROL Oversight Responsibility for the investment activity of the City of La Porte shall rest with the Fiscal Affairs Committee and the City Manager. They will designate investment officer(s), receive and review quarterly reporting, approve and provide for investment officer training, approve broker/dealers, and review and adopt the Investment Policy and Strategy at least annually. DELEGATION Management responsibility for the investment program is hereby delegated to the Director of Finance, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. SUBORDINATES All persons involved in investment activities will be referred to as "Investment Officers." No person shall engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Director of Finance. The Director of Finance shall be responsible for all transactions undertaken, and shall establish a system of controls to regulate the activities of Subordinate Investment Officers. All investment officers, including the Director of Finance,will demonstrate competence in the execution of the city’s investments. All Investment Officers will insure compliance with the investment program with ongoing training and evaluation by management. PRUDENCEInvestments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of the person’s own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment Officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this policy. IMDEMNIFICATION The Director of Finance and the Investment Officer, acting in accordance with written procedures and exercising due diligence, shall not be held personally responsible for a specific investment’s credit risk or market price changes, provided that these deviations are reported immediately and the appropriate action is taken to control adverse developments. ETHICS DISCLOSURE AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution and management of the investment program, or which could impair their ability to make impartial investment decisions. Employees and Investment Officers shall disclose to the City Manager any material interests in financial institutions that conduct business with the City of La Porte, and shall further disclose any personal financial or investment positions that could be related to the performance of the City's investment portfolio. Employees and Investment Officers shall refrain from undertaking personal investment transactions with the same individual with which business is conducted on behalf of the City of La Porte. An Investment Officer of the City of La Porte who has a personal business relationship with an organization seeking to sell an investment to the City of La Porte shall file a statement disclosing that personal business interest. An Investment Officer who is related within the second degree by affinity or consanguinity to an individual seeking to sell an investment to the City of La Porte shall file a statement disclosing that relationship. A statement required under subsection 2256.005(i) of the Act must be filed with the Texas Ethics Commission and the governing body of the City of La Porte. TRAINING Investment Officers shall attend 10 hours of investment training within 12 months after taking office or assuming duties, and 10 hours every succeeding two years that begins on st the first day of the fiscal year, which is October 1, and consists of the two consecutive fiscal years after that date. The investments training shall be provided from an independent source approved by the Fiscal Affairs Committee to insure the quality and capability of investment management in compliance with the Act. For the purposes of this policy, an "independent source" is defined as a professional organization, an institute of higher learning or any other sponsor other than a Business Organization with whom the City may engage in investment transactions. Training shall be in accordance with the Act and shall include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with statutes governing the investment of public funds. V.REPORTING Investment reports shall be prepared quarterly and be signed and submitted by the Investment Officers, in a timely manner. These reports will be submitted to the City Manager and City Council. This report shall describe in detail the investment position of the City, disclose the market value and book value of each fund group as well as each separate investment, and state the maturity date of each security and accrued interest for the reporting period. The report shall include all information as required by Section 2256.023 of the Act. It must also express compliance of the portfolio to the investment strategy contained in the City’s Investment Policy and the Act. MONITORING The market price of each investment shall be obtained monthly from a source such as the Wall Street Journal newspaper, the City’s custodial bank, a reputable brokerage firm or security pricing service and reported on the investment reports.Investments with minimum rating requirements will be monitored for rate changes and liquidation of such investments will be determined at such time. Monitoring credit ratings – The Investment Officer shall monitor, on no less than a monthly basis, the credit rating on all authorized investments in the portfolio based upon independent information from a nationally recognized rating agency. If any security falls below the minimum rating required by Policy, the Investment Officer shall notify the City Manager of the loss of rating, and liquidate the investment within one week. Monitoring FDIC Status for Mergers and Acquisitions – The Investment Officer shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by the City based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered CDs are owned, the Investment Officer or Advisor shall immediately liquidate any brokered CD which places the City above the FDIC insurance level. VI. INVESTMENTS ACTIVE PORTFOLIO MANAGEMENT The City intends to pursue active versus passive portfolio management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. AUTHORIZED INVESTMENTS The following are authorized investments for the City and all are authorized and further defined by the Act. Only those investments listed in this section are authorized. A.Obligations, including letters of credit, of the United States or its agencies and instrumentalities; direct obligations of this state or its agencies and instrumentalities; other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States; obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; and interest-bearing banking deposits that are guaranteed or insured by: the Federal Deposit Insurance Corporation or its successor; or the National Credit Union Share Insurance Fund or its successor. (Section 2256.009 (a) of the Act) The following are not authorized investments under Section 2256.009 (b) of the Act: obligations whose payment represents the coupon payment on the outstanding principal balance of the underlying mortgage-backed security collateral and pays not principal (Interest only bonded); obligations whose payment represents the principal stream of cash from the underlying mortgage-backed security collateral and pays no interest (Principal only bonds); collateralized mortgage obligations that have a final stated maturity date of greater than 10 years; and collateralized mortgage obligations, the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. B.Fully collateralized certificates of deposit issued by a depository institution or an approved broker that has its main office or branch office in Texas, selected from a list adopted by the City, and guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; secured by obligations authorized by this subchapter, or secured in any other manner and amount provided by law for deposits of the City. (Section 2256.010 of the Act) C.FDIC insured, brokered certificates of deposit securities from a depository institution that has its main office or a branch office in Texas, delivered versus payment to the City safekeeping agent, not to exceed one year to maturity. Before purchase, the Investment Officer must verify the FDIC status of the bank on www.fdic.gov to assure that the bank is FDIC insured. D. A no-load money market mutual fund is permitted as an authorized investment if it is registered with and regulated by the Securities and Exchange Commission; and complies with federal Securities and Exchange Commission Rule 2a-7 (17 C.F.R. Section 270.2a-7), promulgated under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.). The Fund must provide the City with a prospectus and other information required by the Securities and Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); In addition to a no-load money market mutual fund permitted as an authorized investment as described above, a no-load mutual fund is an authorized investment if the mutual fund is registered with the Securities and Exchange Commission; has an average weighted average maturity of less than two years; and either (1) has a duration of one year or more and is invested exclusively in obligations approved in Subchapter A of the Act, or (2) has a duration of less than one year and an the investment portfolio is limited to investment grade securities, excluding asset-backed securities. The City is not authorized by Section 2256.014 (c) of the Act to: invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves in other funds held for debt service, in mutual funds described in the Act (Section 2256.014); invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in the Act (Section 2256.014); or invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in the Act (Section 2256.014) in an amount that exceeds 10 percent of the total assets of the mutual fund. E.Investment pools, as authorized by the City Council, must be AAA or AAA-M rated, or an equivalent rating by at least one nationally recognized rating service. A public funds investment pool that uses amortized cost or fair value accounting must mark its portfolio to market daily, and to the extent reasonably possible, stabilize at a $1.00 net asset value, when rounded and expressed to two decimal places. To maintain eligibility to receive funds from and invest on behalf of the City, an investment pool must adhere to reporting and investment requirements defined by Section 2256.016 of the Act. EXISTING INVESTMENTS The Investment Officer is not required to liquidate investments that were authorized investments at the time of purchase. Any investments currently held that do not meet the guidelines of this policy shall be reviewed to determine the ability to liquidate. An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. If the investment cannot be liquidated because of material adverse change in the value since the time of purchase, and holding the investment to maturity does not negatively affect disbursements or cash flow, a recommendation of holding said investment to maturity is acceptable. MAXIMUM MATURITIES The maximum stated maturity, from the date of purchase, for any individual investment may not exceed 5 years and the maximum dollar-weighted average maturity for the pooled fund group (investment portfolio) may not exceed 2 years. DIVERSIFICATION It is the policy of the City to diversify its investment portfolios. Assets held in the pooled investment portfolio shall be diversified to eliminate the risk of loss resulting from over-concentration of assets in a specific maturity, specific issuer or specific class of securities. Diversification strategies shall be determined and revised periodically by the Fiscal Affairs Committee. FINANCIAL INSTRUMENTS Maximum allowable percentages of the total portfolio for investments are stated as follows: Investment TypeMaximum Limit 1. Investment Pools 100% 2. Money Market Accounts 10% 3. Certificates of Deposit 60% 4. U.S. Government Securities 80% 5. U.S. Agency Securities 80% VII. SELECTION OF FINANCIAL INSTITUTIONS AND BROKER DEALERS SELECTION OF FINANCIAL INSTITUTIONSDepositories shall be selected through the City's banking services procurement process, which shall include a formal request for proposal (RFP) issued every five (5) years. In selecting depositories, the services available, service costs, and credit worthiness of institutions shall be considered, and the Director of Finance shall conduct a comprehensive review of prospective depositories’ credit characteristics and financial history. The depository contract will provide for collateral if balance exceeds FDIC Insurance amounts. The City shall select financial institutions from which the City may purchase certificates of deposit in accordance with the Act and this policy and will have a written depository agreement with the selected institution, which was approved by resolution of the Bank’s Board if collateral is required. The Investment Officer shall monitor the fiscal condition of financial institutions where certificates of deposit are held. AUTHORIZED FINANCIAL BROKER/DEALERS AND INSTITUTIONS The Investment Officer shall maintain a list of broker/dealers and financial institutions authorized to provide investment services. These may include primary dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (uniform net capital rule). All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must submit: audited financial statements, proof of Financial Industry Regulatory Authority (FINRA) certification, and proof of state registration. Before engaging in investment transactions with a financial institutions or broker/dealers, the Investment Officer shall have received, from a Qualified Representative of said firm, a signed Certification Form. (Exhibit B) This form shall attest that the individual responsible for the City's account with that firm has (1) received and reviewed the investment policy of the City; and (2) acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the City and the organization that are not authorized by the City’s investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City’s entire portfolio or requires an interpretation of subjective investment standards. Investment Officers of the City may not acquire or otherwise obtain any authorized investment described in the investment policy from a person who has not delivered a signed Certification Form. The Fiscal Affairs Committee shall at least annually review, revise, and adopt a list of qualified broker/dealers and other financial institutions that are authorized to engage in investment transactions with the City. (Exhibit A) COMPETITIVE BIDDING All investment transactions must be competitively transacted and executed with broker/dealers or financial institutions that have been authorized by the City. The City will obtain at least three competitive offers. Exception: New issues will not be required to be competitively transacted as all broker/dealers would show the same price and yield. VIII.COLLATERAL COLLATERALIZATION OF PUBLIC DEPOSITSCollateralization requirements are governed by the Texas Government Code Chapter 2257 (Public Funds Collateral Act). All bank deposits, certificates of deposit, and repurchase agreements shall be secured by pledged collateral. In order to anticipate market changes and provide a level of security for all funds, the required minimum collateral level will be a market value equal to no less than 102% of the deposits. Collateral levels should be monitored and maintained by the financial institution. Repurchase agreements shall be documented by specific agreement noting the collateral pledged in each agreement and should be monitored daily. Collateral shall be reviewed monthly to assure the market value of the securities pledged equals or exceeds the related bank balances. Collateral shall always be held in the City’s name by an independent third party with whom the City of La Porte has a current custodial agreement. Evidence of the pledged collateral shall be maintained by a written agreement. A safekeeping receipt must be supplied to the City of La Porte for any transaction involving sales/purchases/maturities of securities and/or underlying collateral, which the City of La Porte will retain. The right of collateral substitution is granted provided the substitution has prior approval of the City and is followed by the delivery of an original safekeeping receipt to the City, and replacement collateral is received prior to the release of original collateral. COLLATERAL DEFINED The City shall accept only the following securities as collateral: A.FDIC insurance coverage; B.United States Treasuries and Agencies; C.Obligations, including letters of credit, of the United States or its agencies and instrumentalities. D.Other securities as approved by the Fiscal Affairs Committee. SUBJECT TO AUDIT All collateral shall be subject to inspection and audit by the Director of Finance or the City's independent auditors. IX. SAFEKEEPING AND CUSTODY SAFEKEEPING AGREEMENT All securities owned by the City shall be held in the City’s designated third party safekeeping. The third party custodian shall be required to issue safekeeping receipts to the City listing each specific security, description, maturity, cusip number yield and/or coupon, market value and other pertinent information. Each safekeeping receipt shall clearly indicate that the instrument is held for the City of La Porte. All safekeeping arrangements shall be documented by the Investment Officer. DELIVERY VERSUS PAYMENT All investment transactions shall be executed on a delivery versus payment basis. That is, funds shall not be wired or paid until verification has been made that the collateral was received by the Trustee. The collateral shall be held in the name of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the securities. The original copy of all safekeeping receipts shall be delivered to the City. X.MANAGEMENT AND INTERNAL CONTROLS The Director of Finance shall establish a system of internal controls, which shall be reviewed by an independent auditor. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or Investment Officers of the City. Controls and managerial emphasis deemed most important that shall be employed where practical are: A. Control of collusion B. Separation of duties C. Separation of transaction authority from accounting and record keeping D. Custodian safekeeping receipts records management E. Avoidance of physical delivery securities F. Clear delegation of authority to subordinate staff members G. Documentation on investment bidding events H. Written confirmation of transactions for investments and wire transfers I. Reconcilement and comparisons of security receipts with the investment subsidiary records J. Compliance with investment policies K. Accurate and timely reports L. Validation of investment maturity decisions with supporting cash flow data M. Adequate training and development of Investment Officers O. Review of financial condition of all brokers, dealers and financial institutions P. Staying informed about market conditions, changes, and trends that require adjustments in investment strategies Q. Monitor credit ratings R. Monitor FDIC status for mergers and acquisitions for brokered CD’s COMPLIANCE AUDIT The City shall perform, in conjunction with its annual financial audit, a compliance audit of management controls on investments and adherence to the entity's established investment policies. The audit shall include a formal review of the quarterly investment reports by an independent auditor and the results reported to the governing body by the independent auditor. Also, the governing body shall review its investment policy and investment strategy not less than annually and adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and strategy, and recorded any changes made to them. Exhibit A City of La Porte Approved List of Brokers/Dealers and Investment Pools Brokers/Dealers Coastal Securities Wells Fargo Cantor Fitzgerald FTN Financial Amegy Bank Investment Pools TexPool LOGIC Investment Pool Texas Class Exhibit B TEXAS PUBLIC FUNDS INVESTMENT ACT CERTIFICATION FORM As required by Texas Government Code 2256.005 (k-l) CITY OF LA PORTE, TEXAS This certification is executed on behalf of the City of La Porte, Texas (the Investor) and ___________________________ (the Seller) pursuant to the Public Funds Investment Act, Chapter 2256, Government Code, Texas Codes Annotated (the Act) in connection with investment transactions conducted between the Investor and Dealer. The Undersigned Qualified Representative of the Seller hereby certifies on behalf of the Seller that: 1.The Qualified Representative is duly authorized to execute this Certification on behalf of the Seller, and 2.The Qualified Representative has received and reviewed the Investment Policy furnished by the Investor, and 3.The Seller has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Seller and the Investor that are not authorized by the entity’s investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity’s entire portfolio or requires an interpretation of subjective investment standards. Qualified Representative ________________________________ Signature ________________________________ Name (Printed): ________________________________ Title: ________________________________ Date: Exhibit C City of La Porte, Texas Investment Strategy Statement The City of La Porte, Texas (the "City") will strive to administer and invest its pooled funds at the highest investment return possible while always taking into account the primary goals of preservation of principal and liquidity of funds invested consistent with the City's investment policy. The City's funds, which are pooled together and constitute the investment portfolio, include all financial assets of all funds managed by the City, including but not limited to receipts of tax revenues, charges for services, bond proceeds, interest incomes, loans and funds received by the City where the City performs a custodial function. The City will never invest its funds in a security that is deemed unsuitable to the financial requirements of the City. Maturities will be staggered in a manner that meets the cash flow needs of the City. The primary investment objective is the preservation and safety of principal. Each investment transaction shall seek first to ensure that principal losses are avoided, whether they are from security defaults or erosion of market value. The City's investment portfolio will remain sufficiently liquid to enable the City to meet operating requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. The City shall always maintain a highly diversified investment portfolio in order to reduce the amount of credit and market risk exposed to the City's portfolio. After first considering safety and liquidity, the City's investment portfolio shall be designed with the objective of regularly exceeding the average rate of return on U.S. Treasury Bills at a maturity level comparable to the City’s weighted average maturity in days. The City shall seek to augment returns above this threshold consistent with risk limitations identified in the City's investment policy and prudent investment principles. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: October 22, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance P&Z Recommendation Letter Budgeted Item: N/A Existing Land Use Map Proposed Land Use Map ______________________________________________________________________________ SUMMARY & RECOMMENDATION by Adrianne Feller, applicant; on behalf of Victor G. Rocha, owner; who is seeking approval of a Zone Change from the Large Lot Residential (LLD) zoning district to the Low Density Residential (R-1) zoning district. The proposed zone change would allow for the property owner to subdivide his 1.0 acre parcel into two half acre parcels, allowing his daughter to build a separate home. The property in question is located at the 10410 N. L St., and is legally described as Tract 441C, La Porte Outlots Subdivision. Large Lot Residential accommodate the proposed zone change, the FLUP would need to be amended to Low Density Residential. The Planning and Zoning Commission, at their September 20, 2018 regular meeting, voted 7-0 to recommend denial of the proposed Future Land Use Amendment. Commissioners Tschappat and Barrera abstained. Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to deny an Ordinance 1.0 acre tract of land known as Tract 441C, La Porte Outlots Subdivision, located at 10410 N. L St., and as depicted in the attached exhibit. Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE ADOPTING AN UPDATE TO THE FUTURE LAND USE MAP COMPONENT OF THE COMPREHENSIVE PLAN OF THE CITY OF LA PORTE, TEXAS UPON RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 211.004 of the Texas Local Government Code provides that zoning regulations must be adopted in accordance with a Comprehensive Plan; WHEREAS, Section 213.003 of the Texas Local Government Code provides that a municipality may amend a Comprehensive Plan by ordinance, after public hearing and review by the municipality's planning commission or department; and WHEREAS, Section 213.003 of the Texas Local Government Code also provides that a municipality may establish, in its charter or by ordinance, procedures for adopting and amending a Comprehensive Plan; and WHEREAS, Chapter 106, "Zoning" Article I, Section 106-3, and Article II, Section 106-65 of the Code of Ordinances of the City of La Porte, delegates to the Planning and Zoning Commission the duty to review and make recommendations relevant to modifications of the Comprehensive Plan and Zoning Ordinance; and WHEREAS, the City of La Porte has a Comprehensive Plan, which Plan was adopted by the City Council of the City of La Porte, Texas in 1986, and which Plan has been the subject of multiple amendments since its adoption; WHEREAS, pursuant to mandate of Chapter 106, "Zoning" of the Code of Ordinances of the City of La Porte, the Planning and Zoning Commission of the City of La Porte has reviewed all elements of the Comprehensive Plan, and as duly approved by the City Council of the City of La Porte, to consider possible amendments thereto; and 2 WHEREAS, at the La Porte Planning and Zoning Commission meeting which occurred on September 20, 2018, the La Porte Planning and Zoning Commission reviewed the Future Land Use Map component of the Comprehensive Plan for the purpose of considering proposed amendments thereto, to change the designation for that 1.0 acre tract of land located at 10410 N. L Street, and legally described as follows: Tract 441C, La Porte Outlots Subdivision, City of La Porte, Harris County, Texas, from its present designation of Large Lot Residential, to Low Density Residential", and at the conclusion of such review the La Porte Planning and Zoning Commission voted to recommend against the adoption of said proposed amendments to the Future Land Use Plan component of the Comprehensive Plan, to the La Porte City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT: Section 1 That an amendment to the Future Land Use Map component of the Comprehensive Plan of the City of La Porte, Texas, which is incorporated to this ordinance by reference herein and attached hereto as Exhibit A, be and is hereby authorized, approved, and adopted by the City Council of the City of La Porte, Texas, after duly noticed public hearing held at its October 22, 2018 meeting, and receipt of the recommendations of the Planning and Zoning Commission of the City of La Porte, Texas. Section 2 The City Secretary of the City of La Porte or her designated representative shall be required to make this amendment to the Comprehensive Plan available to the public and duly mark and note the updated reference on the Future Land Use Plan component of the Comprehensive Plan of the City of La Porte, Texas. Section 3 The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject to this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. 3 The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4 This Ordinance shall be in effect from and after its passage and approval. nd Passed and approved this the 22 day of OCTOBER, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: By: Patrice Fogarty, City Secretary APPROVED: By: Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 September 21, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Request #18-92000009 to Amend the Future Land Use Map Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a meeting on September 20, 2018 for a request ensive Plan for a 1.0 acre tract of land located at 10410 N. L St., and is legally described as Tract 441C, La Porte Outlots Subdivision. The request was for approval of a change of the future land use Large Lot ResidentialLow Density Residential The Commission voted 7-0 to recommend denial of the proposed Future Land Use Map. Commissioners Tschappat and Barrera abstained. Respectfully submitted, Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov 10317 FLUP MAP LL 10427 Zone Change 18-92000009 10410 N. L St. Legend 1978 10426 10330 Subject Parcel 1901 LDR 10430 10410 1910 10426 1905 1906 1974 1912 1912 19701918 1909 1910 This product is for informational purposes and may not have 1914 been prepared for or be suitable 1913 1966 for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1917 1962 1918 1 inch = 112 feet SEPTEMBER 2018 1958 PLANNING DEPARTMENT 1921 1922 PROPOSED FLUP MAP LL Zone Change 18-92000009 10410 N. L St. Legend LDR Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 143 feet SEPTEMBER 2018 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: October 22, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance P&Z Recommendation Letter Budgeted Item: N/A Aerial Map Zoning Map Land Use Map Applicant Information and Request ______________________________________________________________________________ SUMMARY & RECOMMENDATION Adrianne Feller, applicant; on behalf of Victor G. Rocha, owner; is seeking approval of a Zone Change from the Large Lot Residential (LLD) zoning district to the Low Density Residential (R-1) zoning district. The property in question is located at 10410 N. L St., and is legally described as Tract 441C, La Porte Outlots Subdivision. The property is currently partially developed with a single family home. The home is located on the eastern edge of the 1.00 acre parcel. The owner would like to gift a half acre of his lot to his daughter allowing her to construct a new home. In order for the property to be legally split into two half acre lots, a zone change is required. The current zoning district, LLD, requires a minimum lot area of 1 acre. The current city code does not permit more than 1 primary dwelling on a single lot, thus requiring the legal subdivision of the lot. If the City Council decides to deny the zone change request, the applicant could apply for a Special Exception to the ZBOA, under Sec. 106-191 of the City Code of Ordinances. This section state that a Special Exception may be granted by the ZBOA allowing a property owner to deviate from the minimum lot size or width requirements for property within the large lot district. There are three criteria that need to be met in order for the ZBOA to approve: a. One or more lots located in the same block as the subject property are not uniform in terms of shape and/or size so that any further subdivision of the subject property cannot be in accordance with the regulations governing the district; b.It can be demonstrated that the subdivision will not circumvent the spirit of the district regulations, or particularly, the rural character of the district; and, c.Granting the special exception will not be injurious to the value or enjoyment of adjacent properties within the district. Staff believes that the applicants request would meet these criteria, but final determination would be left up to the ZBOA. This option, if approved by the ZBOA, would allow the applicant to achieve their desired outcome of splitting the property into 2 half acre lots, without changing the zoning classification. The Planning and Zoning Commission was not opposed to the idea of allowing the property owner to construct a second home on the 1 acre parcel, but had concerns about down zoning it to R-1. If Council has these same concerns, the Special Exception route should be able to alleviate the concern of rezoning, while still allowing for the construction of a second dwelling on the 1 acre parcel. Staff received 2 comment sheet from adjoining neighbors, both in favor of the proposed zone change. At the meeting, 1 residents spoke in favor of the proposal, stating that the property owner has been there prior to . The Planning and Zoning Commission, at their September 20, 2018 regular meeting, voted 7-2 to recommend denial of the proposed Zone Change. Commissioner Tschappat and Barrera were the dissenting votes. Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to deny an Ordinance for zone change request #18-92000009, for a 1.0 acre tract of land located at 10410 N. L St., and is legally described as Tract 441C, La Porte Outlots Subdivision. Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. _____________ AN ORDINANCE AMENDING CHAPTER 106 ORDINANCES OF THE CITY OF LA PORTE, BY CHANGING THE ZONING CLASSIFICATION OF A 1.0 ACRE TRACT OF LAND LOCATED AT 10410 NORTH L STREET AND LEGALLY DESCRIBED AS TRACT 441C, LA PORTE OUTLOTS SUBDIVISION, FROM LARGE LOT RESIDENTIAL (LLD) TO LOW DENSITY RESIDENTIAL (R-1); MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. changing the zoning classification of the following described property, to wit: a 1.0 acre tract of land located at 10410 N. L St. and legally described Tract 441C, La Porte Outlots Subdivision, Harris County, Texas, from Large Lot Residential (LLD) to Low Density Residential (R-1). Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly consideration in compliance with code provisions. Section 6. It is directed that the Official Zoning Map of the City of La Porte, Texas be changed to reflect the zoning classification established by this ordinance Section 7. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Map and Classification contained in this Ordinance as amendments Comprehensive Plan. Section 8. This ordinance shall be effective after its passage and approval. nd PASSED AND APPROVED this the 22 day of OCTOBER, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La PortePlanning and Development Department Established 1892 September 21, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Zone Change Request #18-92000009 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a public hearing at the September 20, 2018 meeting on a zone change request by Adrianne Feller, applicant; on behalf of Victor G. Rocha, owner; for a zone change of property legally described as Tract 441C, La Porte Outlots Subdivision, from Large Lot Residential (LLD) to Low Density Residential (R-1). The site is a 1.0 acre tract of land located 10410 N. L St. The Commission voted 7-2 to recommend denial of the proposed zone change. Commissioners Tschappat and Barrera were the dissenting votes. Respectfully submitted, Ian Clowes, City Planner On Behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov 10317 AAL MAP 10427 Zone Change 18-92000009 10410 N. L St. L Legend 1978 10426 10330 Subject Parcel 1901 10430 10410 1910 10426 1905 1906 1974 1912 1912 19701918 1909 1910 This product is for informational purposes and may not have 1914 been prepared for or be suitable 1913 1966 for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1917 1962 1918 1 inch = 112 feet SEPTEMBER 2018 1958 PLANNING DEPARTMENT 1921 1922 10317 ZONING MAP 10427 Zone Change 18-92000009 10410 N. L St. Legend 1978 10426 10330 Subject Parcel 1901 LLD 10430 10410 1910 10426 1905 1906 1974 1912 R-1 1912 19701918 1909 1910 This product is for informational purposes and may not have 1914 been prepared for or be suitable 1913 1966 for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1917 1962 1918 1 inch = 112 feet SEPTEMBER 2018 1958 PLANNING DEPARTMENT 1921 1922 10317 FLUP MAP LL 10427 Zone Change 18-92000009 10410 N. L St. Legend 1978 10426 10330 Subject Parcel 1901 LDR 10430 10410 1910 10426 1905 1906 1974 1912 1912 19701918 1909 1910 This product is for informational purposes and may not have 1914 been prepared for or be suitable 1913 1966 for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1917 1962 1918 1 inch = 112 feet SEPTEMBER 2018 1958 PLANNING DEPARTMENT 1921 1922 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: October 22, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner___ Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Proposed SCUP Budgeted Item: N/A P&Z Recommendation Letter Aerial Map Zoning Map Land Use Map Applicant Information and Request ______________________________________________________________________________ SUMMARY & RECOMMENDATION Applicant, Larry Wiedemann of Atlas Copco Rental, LLC, applicant; on behalf of Rick Kight of ODIA Fairmont, LLC, owner; is seeking approval of a SCUP to allow for an Equipment Rental use to locate in the Planned Unit Development (PUD) Zoning District. The property in question is a 7.0 acre tract of land located on the south side of Spencer Hwy. across form the City of La Porte Police Station and is legally described as +/- 7 Acres out of 133.93 Acre Tract in the R Pearsall Survey, A-265. The property is currently undeveloped and is part of a larger 134 acre undeveloped tract. The site was previously owned by PPG and is currently zoned Planned Unit Development (PUD). Atlas Copco Rental would like to purchase the property and develop it for a new headquarters. The applicant currently operates out of a facility in Deer Park. They would like to relocate to this site, allowing them to continue to grow their business. The newly proposed facility would include a 32,400 square foot building housing Atlas Copco North America Headquarters and would be a combination of office (16,800 sf.), workshop (10,800sf.), and storage for parts (4,800 sf.) Additionally, there will be a 28,800 sf. storage yard for compressors to the south with a 2,400 sf. wash and test building. The wash building and storage yard will be screened from view of Spencer by the proposed office/workshop building To date, staff has not received any notices in opposition or in favor of the proposed SCUP application. The Planning and Zoning Commission, at their September 20, 2018 regular meeting, voted 6-3 to recommend denial of the proposed SCUP, as presented. Commissioners Warren, Kendrick and Chairman Lawler were the dissenting votes. If the City Council decides to approve the request, staff has suggested a number of conditions of approval. Below is a list of all included conditions: 1.A site development plan shall be submitted in accordance with applicable requirements of the City of City of La Porte and the State of Texas. 2. Permitted use on site is listed as Other Commercial and Industrial Machinery and Equipment Rental and Leasing (NAICS # 532490). No other uses are permitted via this SCUP. 3.Permitted use shall only be allowed on the described 7.00 acre tract, and nowhere else within the 134 acre parent tract. 4.The underlying zoning is LI. All LI requirements will need to be met. 5.All necessary documentation for building permit review must be submitted in conjunction with the . 6.Any substantive modifications to this Special Conditional Use Permit will require an amendment to this Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to deny an Ordinance for SCUP #18-91000012, allowing for an equipment rental business to locate on a 7.0 acre tract of land located on the south side of Spencer Hwy. across form the City of La Porte Police Station and is legally described as +/- 7 Acres out of 133.93 Acre Tract in the R Pearsall Survey A-265 Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 18-91000012, TO ALLOW FOR A COMMERCIAL AND INDUSTRIAL MACHINERY AND EQUIPMENT RENTAL AND LEASING USE IN A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRCT, ON A 7.0 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS +/- 7 ACRES OUT OF 133.93 ACRE TRACT IN THE R PEARSALL SURVEY A-265, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 106 of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #18-91000012, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for a commercial and industrial machinery and equipment rental and leasing use on a 7.0 acre tract of land, said tract being legally described as +/- 7 Acres out of 133.93 Acre Tract in the R Pearsall Survey A-265, La Porte, Harris County, Texas, and situated within the Planned Unit Development (PUD) zoning district. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. nd PASSED AND APPROVED this the 22 day of OCTOBER, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La Porte Special Conditional Use Permit #18-91000012 This permit is issued to: Larry Wiedemann Atlas Copco Rental, LLC Owner or Agent 2606 Battleground Rd. Deer Park, TX 77571 Address For Development of: Atlas Copco Rental, LLC Equipment Rental Development Name N/A Address Legal Description: +/- 7 Acres out of 133.93 Acre Tract in the R Pearsall Survey, A-265 Zoning: PUD, Planned Unit Development Use: Other Commercial and Industrial Machinery and Equipment Rental and Leasing Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be development shall be in accordance with the following conditions: 1. A site development plan shall be submitted in accordance with applicable requirements of the laws and ordinances of the City of La Porte and the State of Texas. 2. Permitted use on site is listed as Other Commercial and Industrial Machinery and Equipment Rental and Leasing (NAICS # 532490). No other uses are permitted via this SCUP. 3. Permitted use shall only be allowed on the described 7.00 acre tract, and nowhere else within the 134 acre parent tract. 4. The underlying zoning is LI. All LI requirements will need to be met. 5. All necessary documentation for building permit review must be submitted in conjunction 6. Any substantive modifications to this Special Conditional Use Permit will require an Ordinances. Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La PortePlanning and Development Department Established 1892 September 21, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #18-91000012 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on September 20, 2018 to hear a Special Conditional Use Permit request by, Larry Wiedemann of Atlas Copco Rental, LLC, applicant; on behalf of Rick Kight of ODIA Fairmont, LLC, owner; for a Special Conditional Use Permit to allow for an Equipment Rental Company use. The subject site is located on the south side of Spencer Hwy. across form the City of La Porte Police Station and is legally described as +/- 7 Acres out of 133.93 Acre Tract in the R Pearsall Survey, A-265. The subject site is zoned Planned Unit Development (PUD). The Commission voted 6-3 to recommend denial of the proposed SCUP. Commissioners Warren, Kendrick and Chairman Lawler were the dissenting votes. Respectfully submitted Ian Clowes, City Planner On behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov BAYSIDE CROSSING DR AERIAL MAP SCUP 18-91000012 Spencer Blvd. @ N. 23rd St. Legend Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 285 feet SEPTEMBER 2018 PLANNING DEPARTMENT BAYSIDE CROSSING DR LI ZONING MAP R-1 SCUP 18-91000012 GC Spencer Blvd. BI @ N. 23rd St. Legend Subject Parcel PUD This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 285 feet SEPTEMBER 2018 PLANNING DEPARTMENT BAYSIDE CROSSING DR Out FLUP MAP COM OUT SCUP 18-91000012 PI PO Spencer Blvd. @ N. 23rd St. Legend Subject Parcel LI MHDR This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the BI approximate relative location of property boundaries 1 inch = 285 feet SEPTEMBER 2018 PLANNING DEPARTMENT OVERALL BUILDING ELEVATIONS OVERALLSCALE: 1/16" = 1'-0" TOTAL ELEVATION SF (NOT INCLUDING OPENINGS OR SOUTH ELEVATION): 15,694 SF TOTAL STONE SF PROVIDED: 3,801 SF TOTAL PERCENTAGE OF STONE: 24.2% ROOF HIGH 34'- 3" ROOF LOW 33'- 0" Level 02 NORTH ELEVATION 14'- 6" ELEVATION SF (NOT INCLUDING OPENINGS): 15,694 SF Level 01 TOTAL STONE SF PROVIDED: 0" 3,801 SF OVERALL NORTH ELEVATION SCALE: 1/16" = 1'-0" ROOF HIGH ROOF HIGH 34'- 3" 34'- 3" ROOF LOWROOF LOW 33'- 0"33'- 0" WEST ELEVATIONEAST ELEVATION Level 02Level 02 ELEVATION SF (NOT INCLUDING OPENINGS):ELEVATION SF (NOT INCLUDING OPENINGS): 14'- 6"14'- 6" 1,394 SF2,050 SF TOTAL STONE SF PROVIDED:TOTAL STONE SF PROVIDED: 250 SF609 SF Level 01Level 01 0"0" OVERALL WEST ELEVATIONOVERALL EAST ELEVATION SCALE: 1/16" = 1'-0"SCALE: 1/16" = 1'-0" ROOF HIGH 34'- 3" ROOF LOW 33'- 0" Level 02 14'- 6" Level 01 0" OVERALL SOUTH ELEVATION SCALE: 1/16" = 1'-0" RENDERING IS REPRESENTATIVE OF DESIGN INTENT ONLY. IT IS NOT A PHOTOREALISTIC REPRESENTATION OF ACTUAL MATERIALS PROPOSED AND AS SUCH SHOULD BE CONSIDERED PRELIMINARY AT ALL STAGES. AVERA ATLAS COPCO A PROJECT FOR AVERA HOUSTON08/15/18TEXASAuthor181190 BUILDING IMAGE VIEW FROM NORTHWEST CORNER RENDERING IS REPRESENTATIVE OF DESIGN INTENT ONLY. IT IS NOT A PHOTOREALISTIC REPRESENTATION OF ACTUAL MATERIALS PROPOSED AND AS SUCH SHOULD BE CONSIDERED PRELIMINARY AT ALL STAGES. AVERA ATLAS COPCO A PROJECT FOR AVERA HOUSTON08/15/18TEXASAuthor181190 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: October 22, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Proposed SCUP Budgeted Item: N/A P&Z Recommendation Letter Aerial Map Zoning Map Land Use Map Applicant Information and Request ______________________________________________________________________________ SUMMARY & RECOMMENDATION Timothy Nguyen, applicant; on behalf of Yoheh Manesia, owner; is seeking approval of a SCUP to allow for a Hotel/Motel Use to locate in the General Commercial (GC) Zoning District. The property in question is a 3.77 acre tract of land located at 1328 SH 146, and is legally described as Reserve B, Block 1, M&K Development Amend. The property is currently undeveloped and zoned General Commercial (GC). The applicant is interested in clearing the property to develop a new hotel. Current plans call for a 4 story, 97 room Staybridge Suites hotel to occupy the eastern portion of the property, roughly 1.9 acres in total. The hotel will include a food and beverage service area, outdoor pool, fitness center, and meeting/conference rooms. The owner is also the current owner of the Hampton Inn and Suites, located adjacent to the southern property line of the proposed Staybridge Hotel. To date, staff has not received any notices in opposition or in favor of the proposed SCUP application. The Planning and Zoning Commission, at their September 20, 2018 regular meeting, voted 7-2 to table the proposed SCUP until the next Planning and Zoning Commission meeting. Commissioners Kendrick and Warren were the dissenting votes. At a Special Meeting of the Planning and Zoning Commission held on October 11, 2018, the commission voted, 7-0, to recommend approval of the proposed SCUP as presented, with the addition of a number of conditions regarding required amenities, minimum size, and truck parking. These conditions have been included to the original list of conditions recommended by staff. Below is a list of all included conditions: 1.A site development plan shall be submitted in accordance with applicable requirements of the City of all other department reviews and applicable laws and ordinances of the City of La Porte and the State of Texas. 2.Permitted use on site will be described as Hotel. A facility with exterior corridors and drive up parking, be permitted. 3.Hotel use shall only be permitted on the western 2.25 acres of the larger 3.77 acre parcel. 4.The underlying zoning is GC. All GC requirements will need to be met. 5.Hotel must have a minimum of 97 hotel rooms. 6.Hotel amenities must include at minimum, a fitness center, pool, and meeting/conference rooms. 7.No truck parking shall be permitted on site. Additionally, no future truck parking plans shall be approved for the site. 8.All necessary documentation for building permit review must be submitted in conjunction with the 9.Any substantive modifications to this Special Conditional Use Permit will require an amendment to this Action Required by Council: 1. Conduct public hearing. 2. Consider action on a recommendation by the Planning and Zoning Commission to approve an Ordinance for SCUP #18-91000013, allowing for Hotel/Motel use to locate on a 3.77 acre tract of land located at 1328 SH 146, and is legally described as Reserve B, Block 1, M&K Development Amend Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER 106, MORE COMMONLY REFEFRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL CONDITIONAL USE PERMIT NO. 18-91000013, TO ALLOW FOR A HOTEL (EXCEPT CASINO HOTELS) AND MOTEL USE IN A GENERAL COMMERCIAL (GC) ZONING DISTRCT, ON A 3.77 ACRE TRACT OF LAND AND BEING LEGALLY DESCRIBED AS RESERVE B, BLOCK 1, M&K DEVELOPMENT AMEND, LA PORTE, HARRIS COUNTY, TEXAS; MAKING CERTAIN FINDINGS OF FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Chapter 106 of the Code of Ordinances is hereby amended by granting Special Conditional Use Permit #18-91000013, attached hereto as Exhibit A and incorporated by reference for all purposes, to allow for a Hotel (except Casino Hotels) and Motel use on a 3.77 acre tract of land, said tract being legally described as Reserve B, Block 1, M&K Development Amend, La Porte, Harris County, Texas, and situated within a General Commercial (GC) zoning district. Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, TX. Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 5. The City Council of the City of La Porte hereby finds that public notice was properly mailed to all owners of all properties located within two hundred feet of the properties under consideration. Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that all prerequisites of law have been satisfied and hereby determines and declares that the amendments to the City of La Porte Zoning Classification contained in this Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives stated in the City of La Comprehensive Plan. Section 7. This ordinance shall be effective after its passage and approval. nd PASSED AND APPROVED this the 22 day of OCTOBER, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark Askins, Assistant City Attorney City of La Porte Special Conditional Use Permit #18-91000013 This permit is issued to: Zoheh Manesia Owner or Agent 19 Pecan Gorge Ct. Sugar Land, TX 77479 Address For Development of: Staybridge Suites Hotel Development Name 1328 SH 146 Address Legal Description: Reserve B, Block 1, M&K Development Amend Zoning: GC, General Commercial Use: Hotel (except Casino Hotels) and Motels Permit Conditions: This Special Conditional Use Permit (SCUP) is applicable for the subject property, a copy of which shall be development shall be in accordance with the following conditions: 1. A site development plan shall be submitted in accordance with applicable requirements of the laws and ordinances of the City of La Porte and the State of Texas. 2. Permitted use on site will be described as Hotel. A facility with exterior corridors and drive up 3. Hotel use shall only be permitted on the western 2.25 acres of the larger 3.77 acre parcel. 4. The underlying zoning is GC. All GC requirements will need to be met. 5. Hotel must have a minimum of 97 hotel rooms. 6. Hotel amenities must include at minimum: restaurant/bar, fitness center, pool, and meeting/conference rooms. 7. No truck parking shall be permitted on site. Additionally, no future truck parking plans shall be approved for the site. 8. All necessary documentation for building permit review must be submitted in conjunction ents. 9. Any substantive modifications to this Special Conditional Use Permit will require an Ordinances Failure to start construction of the site within 12 months after issuance or as scheduled under the terms of a special conditional use permit shall void the permit as approved, except upon an extension of time granted after application to the Planning and Zoning Commission. If contract or agreement is terminated after completion of any stage and there is ample evidence that further development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is undeveloped. Validation Date: Director of Planning and Development City Secretary City of La PortePlanning and Development Department Established 1892 October 12, 2018 Honorable Mayor Rigby and City Council City of La Porte RE: Special Conditional Use Permit Request #18-91000013 Dear Mayor Rigby and City Council: The La Porte Planning and Zoning Commission held a regular meeting on September 20, 2018 to hear a Special Conditional Use Permit request by Timothy Nguyen, on behalf of Yoheh Manesia, owner; for a Special Conditional Use Permit to allow for a Hotel/Motel Use. The subject site is located at 1328 SH 146 and is legally described as Reserve B, Block 1, M&K Development Amend. The subject site is zoned General Commercial (GC) and Section 106-310 of the Code of Ordinances requires a Special Conditional Use Permit in order for the above referenced use to be permitted within the GC zoning district. The Commission voted 7-2 to table the proposed SCUP until the next Planning and Zoning Commission meeting. Commissioners Kendrick and Warren were the dissenting votes. At a Special Meeting of the Planning and Zoning Commission held on October 11, 2018, the commission voted, 7-0, to recommend approval of the proposed SCUP as presented, with the addition of a number of conditions regarding required amenities, minimum size, and truck parking. These conditions have been included in the final SCUP document attached to the Ordinance. Respectfully submitted Ian Clowes, City Planner On behalf of the Planning and Zoning Commission City of La Porte 604 W. Fairmont Parkway Phone: (281) 471-5020 Planning and Development La Porte, TX 77571-6215 Fax: (281) 470-5005 www.laportetx.gov AERIAL MAP SCUP 18-91000013 1328 SH 146 S. Legend Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries 1 inch = 143 feet SEPTEMBER 2018 PLANNING DEPARTMENT ZONING MAP SCUP 18-91000013 1328 SH 146 S. GC Legend Subject Parcel This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries PUD R-2 1 inch = 143 feet SEPTEMBER 2018 PLANNING DEPARTMENT FLUP MAP SCUP 18-91000013 1328 SH 146 S. Legend Subject Parcel COM This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries BI PO LI 1 inch = 143 feet SEPTEMBER 2018 PLANNING DEPARTMENT 1328 Highway 146 South, La Porte, Texas, 77571 t: +1-281-842-9566 f: +1-281-842-9579 www.laportesuites.hamptoninn.com welcome to hampton inn & suites La Porte, TX. August 13, 2018 To Whom It May Concern; During the 3 years I have been part of this property and also a member of the La Porte community, I have witness the need for an Extended Stay Hotel. Staybridge is a National Chain, well recognized for their amenities and service, this brand caters to those travelers seeking a place to settle down for their new assignment without having to enter into any home or apartment lease. Based on my professional experience, Staybridge will be an asset to the city of La Porte, attracting more travelers to stay in this area instead of going to Pasadena and other surrounding areas. I remain at your service; Johanna Rinze-Blissit General Manager 1328 Highway 146 South, La Porte, Texas, 77571 t: +1-281-842-9566 f: +1-281-842-9579 www.laportesuites.hamptoninn.com welcome to hampton inn & suites La Porte, TX. REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriations Agenda Date Requested: October 22, 2018 Source of Funds: N/A Requested By: Ian Clowes, City Planner Account Number: N/A Department: Planning and Development Amount Budgeted: N/A Report: __X __Resolution: _____Ordinance: _X___ Amount Requested: N/A Exhibits: Ordinance Application/TABC Prequalification Packet Budgeted Item: N/A Aerial Map Letter from PISD Board ______________________________________________________________________________ SUMMARY & RECOMMENDATION The owner of Burger Libre, LLC, Gilbert Ybara, located at 9709 Spencer Hwy., has applied for a permit to serve alcohol, specifically beer and wine, to patrons of the restaurant on site. The Alcohol Sales Chapter (Chapter 6) of the La Porte Code of Ordinances specifies distance requirements to certain land uses for establishments selling alcohol. The distances required to sell alcohol are 300 feet to a public school as measured from nearest property line to nearest property line. The property, on which the restaurant is located, is within 140 feet of th LPISD property containing the James H. Baker 6 Grade Campus. A subsequent request for a variance has been received by the City Secretary and is before City Council for consideration. The following additional findings are applicable to this application: 1.Burger Libre is located within a small strip center, which faces south toward Spencer Hwy. and is th diagonally across from the James H. Baker 6 Grade campus. 2.The distance from the front door of the restaurant to the school property line is approximately 230 feet, while the distance to the nearest entrance to the school facility is approximately 610 feet. 3.St. James Presbyterian Church is located to the east of Burger Libre. Similar to schools, establishments that serve alcohol, must be at least 300 feet away from Churches. The method of measurement for Churches is slightly different and less restrictive then the method used for schools. Applying the method for Churches, places St. James roughly 500 feet from Burger Libre, comfortably outside the 300 foot threshold. The proposed ordinance attached hereto allows a variance for Burger Libre to sell alcohol. In anticipation of a variance request Mr. Ybara submitted a request for consideration to the LPISD School Board who then took up the issue on September 11, 2018. A letter from LPISD was received by the City Secretary (attached) deferring the decision to the city without objection to the application. Pursuant to Section 109.33(e) of the Texas Alcohol Beverage Code, the City Council may, upon application of a business subject to the distance requirements established in this section, allow a variance to the regulation if the City Council determined that enforcement of the distance requirements in a particular instance (for any of the six reasons listed) 1.Is not in the best interest of the public; 2.Constitutes waste or inefficient use of land or other resources; 3.Creates an undue hardship on an applicant for a license or permit; 4.Does not serve its intended purpose; 5.As not effective or necessary; or 6.For any other reason, the City Council, after consideration of the health, safety and welfare of the public and the equities of the situation, determines that the variance is in the best interest of the community. Action Required by Council: 1. Conduct public hearing. 2. Consider approval or other action of an ordinance authorizing and approving a variance to Chapter 6 of the La Porte Code of Ordinances by allowing for alcohol sales within Burger Libre, located at 9709 Spencer Hwy., La Porte, TX. Approved for City Council Agenda _______________________________ _______________________ Corby D. Alexander, City Manager Date ORDINANCE NO. AN ORDINANCE WAIVING THE REQUIREMENTS OF SECTION 6-2 OF THE LA PORTE CODE OF ORDINANCES AND AUTHORIZING THE SALE OF ALCOHOLIC BEVERAGES FOR BURGER LIBRE, L.L.C, D/B/A BURGER LIBRE, LOCATED AT 9709 SPENCER HWY., FOR ON-PREMISES CONSUMPTION OF ALCOHOLIC th BEVERAGES WITHIN THREE-HUNDRED FEET OF JAMES H. BAKER 6 GRADE CAMPUS, A PUBLIC SCHOOL; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, Section 109.33 of the Texas Alcoholic Beverage Code authorizes the governing board of an incorporated city to enact regulations prohibiting the sale of alcoholic beverages if the place of business is within three hundred feet of any church, public school or public hospital; and WHEREAS, Chapter 6, Section 6-2 of the City Code of the City of La Porte prohibits the sale of alcoholic beverages if the place of business is within three hundred feet of any church, public school or public hospital; and WHEREAS, Section 109.33 of the Texas Alcoholic Beverage Code also authorizes the governing body of an incorporated city to allow variances to the regulation if the governing body determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason the governing board, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community; and WHEREAS, the La Porte City Council has previously passed and approved an ordinance amending Chapter 6 of the La Porte Code of Ordinance, which ordinance established procedures and guidelines for the granting of a variance to the prohibition; and WHEREAS, the business premises at 9709 Spencer Hwy. is situated within three hundred (300) th feet of the nearest property line of James H. Baker 6 Grade Campus, a public school, thus making the sale of alcoholic beverages a violation contrary to Section 6-2 of the City Code of Ordinances, and Burger Libre, LLC, d/b/a Burger Libre has filed an application with the City of La Porte for a variance to the prohibition; WHEREAS, a public hearing to receive input from the public concerning Burger Libre, LLC, d/b/a Burger Libre application for a variance to the prohibition was held during the La Porte City October 22, 2018, and that notice of such public hearing was and, that written notice of such public hearing was sent to the owners of real property within 300 feet of the premises at 9709 Spencer Hwy., and that separate notices were sent to each church, child care facility, daycare center, public or private school, or public hospital located within 300 feet of the premises at 9709 Spencer Hwy., as well as to the superintendent of the La Porte I.S.D. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The requirements of Section 6-2 of the City Code of Ordinances prohibiting the sale of alcoholic beverages if the place of business is within three hundred feet of any church, public school or public hospital are waived for the purposes of the variance request filed by Burger Libre, LLC, d/b/a Burger Libre for the property located at 9709 Spencer Hwy., legally described as Reserve D, Underwood Retail Center Replat, and which premises is located within 300 feet of the th property line of the James H. Baker 6 Grade Campus, a public school, and such variance application is hereby granted, but subject to the following conditions: (a) This variance shall be applicable only to applicant Burger Libre, LLC, d/b/a Burger Libre and the premises located at 9709 Spencer Hwy. and shall not transfer to any successor company or entity. (b) The sale of alcohol beverages shall be limited to on-premises consumption. (c) This variance shall not be transferable to a land use other than a restaurant. (d) This variance shall terminate in the event of non-operation or non-use of a restaurant by Burger Libre, LLC, d/b/a Burger Libre on the premises of 9709 Spencer Hwy. for a period of twelve or more successive calendar months. Section 2: The La Porte City Council determines that enforcement of the distance requirements in the case of Burger Libre, LLC, d/b/a Burger Libre, located at 9709 Spencer Hwy. is 1) is not in the best interest of the public; 2) constitutes waste or inefficient use of land or other resources; 3) creates an undue hardship on an applicant for a license or permit; 4) does not serve its intended purpose; 5) is not effective or necessary; and 6) after consideration of the health, safety and welfare of the public and the equities of the situation, is not in the best interest of the community; and in consideration of these factors, that the granting of the variance applied for by Burger Libre, LLC, d/b/a Burger Libre, with the conditions described herein, should be granted. Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. This Ordinance shall be effective immediately upon passage its passage and approval. PASSED AND APPROVED this the 22nd day of OCTOBER, 2018. CITY OF LA PORTE, TEXAS By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: City Attorney Alcohol Permit Request for Approval Form Permit Information DUE BACK TO THE 5BUSINESS DAYS 9026029 909029 2476251131115 Due On:HCAD #: CvshfsMjcsf Name of Business: Initial TABC Prequal App: YesNo CH;XjofboeCffsSfubjmfs(tQfsnju Type of Permit: :81:TqfodfsIxz-Tuf/D Address of Business: ZcbssbGsbodijtjohHspvq-MMD Full Name: LastFirst M.I. NbobhjohNfncfs Title(select all that apply):5 PropertyOwnerBusiness OwnerOther: CvshfsMjcsf-MMD Company: TffbuubdifeUBCDqsfrvbmjgjdbujpoqbdlfu Additional Information: Approval Section Thisapplicationdoesnotmeet specifications for approval Thisapplicationdoesmeetspecificationsfor approval Signature: Department: Tax Inspections Information Attached: Yes No Reviewed by City Attorney for approval after meeting specifications: Yes No Inspections Department Use Only (not required for initial applications) Zoning Permit: Zoning Permit #: Yes No KIN G ARTHU R VARIANCE St. James Church Burger Libre Burger Libre, LLC Distance from front door to front door: 500 ft. 9709 Spencer Hwy. Distance between property lines: 140 ft. Distance from front door to front door: 610 ft. OLD ORCHARD James H. Baker 6th Grade Campus ANDRICKS This product is for informational purposes and may not have been prepared for or be suitable for legal purposes. It does not represent an on-the-ground survey and represents only the approximate relative location of property boundaries MONTGOMERY 1 inch = 178 feet OCTOBER 2018 PLANNING DEPARTMENT REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested October 22, 2018 Source of Funds: N/A Requested By: Patrice Fogarty Account Number: N/A Department: City Secretary Amount Budgeted: N/A Report X Resolution: Ordinance: Amount Requested: N/A Exhibit: Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the October 8, 2018, council meeting, Council discussed establishing a committee made up of two councilmembers and staff to study and make recommendations regarding the renovation of the current fitness center and/or a new fitness center. Action Required by Council: Discussion and possible action to appoint two Councilmembers to a Fitness Center Committee to study and make recommendations regarding the renovation of the current fitness center and/or a new fitness center. Members serve without terms. Approved for City Council Agenda Corby D. Alexander, City Manager Date